( 1 ) PETITIONER - Rajmata Shantadevi pratapsinhrao Gaekwad, is before this court throwing challenge to the orders passed by the Mamlatdar, confirmed by the deputy Collector and approved by the gujarat Revenue Tribunal in Ceiling matter where under after rejecting the objections raised by the petitioner, 10 Acres and 25 gunthas land was declared surplus.

( 2 ) MR. Kavina, learned counsel for the petitioners submits that from entry no. 99 of the register maintained by Talati, it would appear that the orders were passed in NA 44/1 on 6. 1. 54 in respect to the land of survey no. 429 and if the land is shown to be non-agricultural land, provisions of the gujarat Agricultural Lands Ceiling Act, 1960 would not be applicable. Referring to section-2 [6] which defines "class of land" and Section 2[17] which defines "land", it is submitted that the land if is not cultivable, is not used for agricultural operations or is registered as non-agricultural land, then the provisions of Section 3[c] of the Act would immediately apply and the land would stand exempted from the operation of the Act. It is also submitted by him that the petitioner made an application to the concerned co