KHALIFA JUSAB SHER MOHMED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, through this petition, has prayed for quashing the Judgment and order Annexures : A, C and E respectively passed by the Mamlatdar, Deputy Collector and the Land Revenue Tribunal in Ceiling Case arising under the Gujarat Agricultural Land Ceiling Act.

(2.) The case has a chequered history which is clearly indicated in the order of the Gujarat Revenue Tribunal, Annexure : E. Petitioner submitted revised form No.2 on 28.6.1976 under the Agricultural Land Ceiling Act showing that he had in his possession 144 Acres - 6 gunthas of land. After inquiry the Mamlatdar declared 94 Acres - 06 gunthas as surplus land with the petitioner on 7.10.1981 in Ceiling case No.29 of 1976. The petitioner preferred Appeal before the Assistant Collector. The Appeal was allowed and the matter was remanded to the Mamlatdar in Ceiling Appeal No.9 of 1981. The Mamlatdar reheard the matter and through his order dated 31.12.1982 again declared 94 Acres - 06 gunthas as surplus land with the petitioner. The petitioner again preferred Ceiling Appeal No.2 of 1983 and the Deputy Collector dismissed the said Appeal on 20.6.1983. A revision was preferred before the Gujarat Revenue Tribunal which was allowed on 6.6.1983 and the matter was remanded to the 1st Authority, namely, the Mamlatdar for rehearing the matter after issuing Notices to all interested parties. In compliance of this order the Mamlatdar through order dated 15.4.1985 in Ceiling Case No.25 of 1983 held that no land of the petitioner could be held as surplus land. Feeling aggrieved with this order revision was filed by the Deputy Collector which was allowed and the order of the Mamlatdar was set aside. The matter was again remanded to the Mamlatdar. The Mamlatdar declared 148 Acres - 6 Gunthas land as surplus with the petitioner in Ceiling case No.1 of 1987 on 8.8.1988. Again the matter was taken in revision and it was remanded to the Mamlatdar vide order dated 3.12.1990. The Mamlatdar again conducted hearing in the matter through Ceiling Case No.1 of 1992 and through order dated 27.2.1993 declared 98 Acres - 6 gunthas land as surplus with the petitioner. The petitioner filed Appeal before the deputy Collector, who rejected the same on 30.11.1993. Thereafter Revision was again filed before the Gujarat Revenue Tribunal which was dismissed on 4.4.1996. Thus, these three last orders are under challenge in this Writ petition.

(3.) Learned Counsel for the petitioner and the learned A.G.P. were heard.