BHAICHAND RAMABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition challenges judgment and order made by Gujarat Revenue Tribunal (GRT) in Revision Application No. TEN. B. S. 167/90 dated 08. 02. 1993 in backdrop of the following facts and circumstances of the case.

(2.) THE two petitioners are owners of lands bearing Survey Nos. 236/2, 233 and 231, situated at Village Karwasa, Taluka Choryasi, Dist. Surat. It is also the case of the petitioners that the said lands are ancestral properties belonging to Hindu Undivided Family. Proceedings under the Gujarat Agricultural Lands Ceiling Act, 1960 (the Act) were initiated by Mamlatdar and ALT (ALT ). The claim of the petitioners that the petitioners were entitled to six units in light of their being four major sons as under <FRM>JUDGEMENT_1540_TLGJ0_2009Html1.htm</FRM> was not accepted by the ALT and vide order dated 08. 06. 1981 surplus land under the Act was worked out. Deputy Collector initiated suo motu revisional proceedings under Section 37 of the Act and made an order on 10. 12. 1982 whereby the order made by ALT came to be confirmed by closing the proceedings.

(3.) THE petitioners challenged the action of suo motu revision initiated by the Deputy Collector on the ground that the Deputy Collector had no jurisdiction to initiate such proceedings suo motu in a case where no appeal was filed within the period provided for filing such appeal. In Revision Application No. TEN. B. S. 46/82, vide order dated 21. 09. 1982, GRT rejected the stand taken by the petitioners by stating that it was the duty of the petitioners to remain present on 08. 06. 1981 or thereafter inquire into the matter as to what has happened about the case which had already been heard on 25. 05. 1981 in presence of the petitioners.