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1970 Supreme(Guj) 100

B.J.DIVAN, T.U.MEHTA
KASHIBEN AMBALAL CHHOTALAL PATEL – Appellant
Versus
STATE – Respondent


Advocates Appeared: B.J.SHELAT, P.J.VYAS, V.J.DESAI

T. U. MEHTA, J.

( 1 ) THE petitioners in this matter are the family members of one Ambalal Chhotalal Patel and the point which is raised by them in this petition is whether the lands admeasuring 48 acres and 36 gunthas found surplus under the Gujarat Agricultural Lands Celling Act 1960 (hereinafter referred to as the Act) can be acquired without issuing the notices to them under sub-sec. (2) of sec. 20 of the said Act.

( 2 ) SHORT facts relating to this petition are that Ambalal Chhotalal Patel is the husband of petitioner No. 1 and the father of petitioners Nos. 2 and 3. It is said that various lands held by Ambalal Chhotalal Patel were partitioned as early as 30th July 1956 by a regular deed of partition which was also registered. After the said partition relevant entries were made in the Record of Rights and were certified on or about 24th February 1958

( 3 ) THEREAFTER Gujarat Agricultural Lands Ceiling Act 1960 (XXVII of 1961 came into force on 24th August 1961 The lands in question are situated in Padvania village taluka Jhagadia in Broach District. The ceiling area fixed under the Act is 84 acres. Proceedings were taken by the authorities concerned under the said Act and durin












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