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2005 Supreme(Guj) 246

B.J.SHETHNA
DARABSHA SORABJI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: DHIRENDRA MEHTA, SIRAJ R.GORI

B. J. SHETHNA, J.

( 1 ) ADDITIONAL Mamlatdar and A. L. T. (Ceiling), Bardoli, by his order dated 12-5-1986, passed in Ceiling Case No. 23 of 1976, held that the petitioner was not having excess land. Therefore, in exercise of his powers under Sec. 20 (2) of the Gujarat Agricultural Lands Ceiling Act, 1960 (for short "the Act"), he ordered to withdrew the Notice issued to the petitioner. However, the Government was not satisfied with the said order, therefore, decided to take the matter in suo motu revision under Sec. 37 of the Act, under which the Collector is empowered to take up the matter in its suo motu powers. Accordingly, Notice dated 6-4-1987 was issued to the petitioner calling upon him to remain personally present on 24-4-1987 at Bardoli. After hearing the petitioner the learned Dy. Collector, by his order dated 4-5-1987 (Annexure : B) set aside the order dated 12-5-1986 passed by the Mamlatdar and A. L. T. and remanded the case to him for his fresh decision, in accordance with law. However, once again, the Mamlatdar and A. L. T. (Ceiling), Bardoli, by his order dated 7-2-1992 (Annexure : C) held that the petitioner was not holding any excess land. Therefore, he discharged












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