STATE OF GUJARAT Vs. DOLATRAM CHHABARIYA

JUDGEMENT

(1.) This petition under Art. 227 of the Constitution challenges the judgment and order dated 3-1-1992 passed by the Gujarat Revenue Tribunal in Revision Application No. TEN. B. S. No. 177 of 1987 under the Gujarat Agricultural Lands Ceiling Act, I960 (hereinafter referred to as "the Act").

(2.) Although there is delay in filing this petition, the same is explained in the affidavit dated 13-7-1998 of Mr. A. S. Gamit, Under Secretary to the Government of Gujarat in the Revenue Department. In view of the explanation offered therein, the delay is condoned.

(3.) On merits, the Mamlatdar found that the holding of the respondents was 259 Acres on the relevant date, i.e., 1-4-1976. The Mamlatdar declared 25 Acres and 23-1/2 Gunthas as excess land. The Deputy Collector, however, declared 30 Acres and 1 Guntha as excess land. The Tribunal has, however, given the following findings of fact :-