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2011 Supreme(Guj) 520

A.L.DAVE, J.B.PARDIWALA
SHATRUSHLASINHJI DIGVIJAYSINHJI JADEJA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
MR PERCI KAVINA, SR.COUNSEL with MR. VIVEK N MAPARA for Appellant(s) : 1,
MS. KRINA CALLA, LD. AGP for Respondent State.

JUDGMENT

In this appeal, the challenge is to the judgment and order dated 27.6.2011 passed by learned Single Judge in SCA No. 333 of 2002, whereby the learned Single Judge set aside the order passed by Gujarat Revenue Tribunal and remanded the proceedings to the Collector for passing fresh order in accordance with law, bearing in mind the observations made by learned Single Judge in his order dated 27.6.2011.

2. The facts relevant for the purpose of deciding this appeal can be summarised as under:-

2.1 The dispute pertains to land admeasuring about 928 acres and 21 gunthas of the ownership of appellant - original respondent No.1 and respondents Nos. 2, 3 and 4, who represent the ancestry of erstwhile rulers of Jamnagar. It appears that with respect to the land in question bearing survey No. 1/A, the Mamlatdar and ALT instituted proceedings under the Gujarat Agricultural Lands Ceiling Act (for short "the Ceiling Act'). Record reveals that after series of remands, the Mamlatdar and ALT by order dated 14.3.1995, declared that the lands are not agricultural lands within the meaning of term so defined under Section 2 Clause (17) of the Ceiling Act. The Mamlatdar and ALT therefore, ordered

































































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