Allowed

Bhulabhai Govindbhai Thro' Poasanmukhbhai Dahyabhai Patel v. State of Gujarat

Gujarat HC2 Jul 2014SCA/11065/2000

Case brief

AI extract

What is this about?

The High Court, in a Special Civil Application, allowed the petitioner's petition filed under Articles 226 and 227 of the Constitution. The Court quashed the impugned order of the Gujarat Revenue Tribunal, holding that the petitioner was denied an opportunity of hearing regarding the calculation of ceiling area. The matter was remanded to the Tribunal to decide afresh on merits within three months

What did the court decide?

Impugned order of the Gujarat Revenue Tribunal quashed; matter remanded to Tribunal to decide afresh on merits after providing opportunity of hearing.

Bhulabhai Govindbhai Thro' Poasanmukhbhai Dahyabhai Patel… — Land Acquisition | Gujarat HC (2014)

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C/SCA/11065/2000 JUDGMENT

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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SPECIAL CIVIL APPLICATION NO. 11065 of 2000

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FOR APPROVAL AND SIGNATURE:

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HONOURABLE MR.JUSTICE RAJESH H.SHUKLA

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1 Whether Reporters of Local Papers may be allowed to see the judgment ?

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2 To be referred to the Reporter or not ?

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3 Whether their Lordships wish to see the fair copy of the judgment ?

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4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 or any order made thereunder ?

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5 Whether it is to be circulated to the civil judge ?

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BHULABHAI GOVINDBHAI THRO' POASANMUKHBHAI DAHYABHAI

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PATEL....Petitioner(s)

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Versus

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STATE OF GUJARAT & 3....Respondent(s)

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Appearance:

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MR DIGVIJAY SISODIYA, ADVOCATE for the Petitioner(s) No. 1 MS KJ BRAHMBHATT, ADVOCATE for the Petitioner(s) No. 1.1 - 1.5 MR UDIT MEHTA, ASST. GOVERNMENT PLEADER for the Respondent(s) No. 1 - 4

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CORAM: HONOURABLE MR.JUSTICE RAJESH H.SHUKLA

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Date : 02/07/2014

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Page 1 of 3

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C/SCA/11065/2000 JUDGMENT

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ORAL JUDGMENT

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The present petition has been filed by the petitioners under Articles 226 & 227 of the Constitution of India as well as under the Gujarat Agricultural Lands Ceiling Act, 1960 (hereinafter referred to as ‘the Ceiling Act’) for the prayers, inter alia, that appropriate writ, order or direction may be issued quashing and setting aside the impugned order passed by the Gujarat Revenue Tribunal in Revision Application No. TEN.B.S. 219/95 dated 21.6.1999 on the grounds stated in the petition, inter alia, that an opportunity of hearing has not been given.

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Heard learned advocate Ms. Brahmbhatt for the petitioners and learned AGP Shri Udit Mehta for respondents Nos. 1-4.

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As it transpires from the order passed by the Mamlatdar as well as the Deputy Collector, which has also been discussed in the impugned order, the issue is with regard to the exact calculation of the ceiling area under the provisions of the Ceiling Act. The Mamlatdar has passed the order declaring excess land whereas the Deputy Collector in Ceiling Appeal No. 6/94 has set aside that order referring to the aspect of actual calculation. A reference is made to Block No. 126 and Block No. 56 and has referred to the waste land as well as the area of Block No. 126. Therefore, it would be in fitness of things if the impugned order is quashed and aside and the matter is remanded back to the Gujarat Revenue Tribunal for deciding the exact ceiling/excess land after providing an opportunity to the petitioners in accordance with law.

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Therefore, the present petition is allowed. The impugned order passed by the Gujarat Revenue Tribunal in Revision Application No. TEN.B.S. 219/95 dated 21.6.1999 at Annexure-C is hereby quashed and set aside with a direction that the Tribunal shall decide the case afresh

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Page 2 of 3

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C/SCA/11065/2000 JUDGMENT

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under the Ceiling Act for the purpose of deciding the excess land in accordance with law and on merits after providing an opportunity of hearing to the petitioners. It is clarified that this Court has not examined or entered into the merits of the matter and this matter may be considered on its own merits and the material that may be relied upon by both the sides. The Tribunal shall make an endeavour to decide the same as early as possible, preferably within a period of three months. Rule is made absolute.

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(RAJESH H.SHUKLA, J.)

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(hn)

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Page 3 of 3

Bhulabhai Govindbhai Thro' Poasanmukhbhai Dahyabhai Patel v. State of Gujarat

Case brief

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Bhulabhai Govindbhai Thro' Poasanmukhbhai Dahyabhai Patel v. State of Gujarat

Case brief

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