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2013 Supreme(Guj) 137

JAYANT PATEL
SHANTILAL MOHANLAL SHAH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates appeared:
Dhawan M. Jayswal, A.G.P., for Respondent Nos. 1 to 3.

Judgment

JAYANT PATEL, J.

The present petition is directed against the order passed by the Tribunal dated 5-3-2003, whereby the Tribunal has set aside the order passed by the Deputy Collector and the earlier order of the Mamlatdar for permitting one unit has been confirmed.

2. The short facts of the case are that one B. Shantilal & Company was holding agricultural land at Village Chiklota, Taluka Valiya. The form was filed by the partner of the said firm on behalf of the firm under Gujarat Agricultural Lands Ceiling Act, 1960 (hereinafter referred to as 'the Act'). The form was processed, and ultimately, vide order dated 18-4-1983, Mamlatdar & A.L.T. declared that the land admeasuring 56 acres and 30 gunthas as surplus land under Sec. 21(1), (2) of the Act. Being aggrieved by the aforesaid order, the matter was carried in appeal before the Deputy Collector being Appeal No. 10 of 1984 and the said appeal came to be rejected by the Deputy Collector vide order dated 13-8-1984. The matter was further carried in revision before the Tribunal being B.A. Nos. 1329 and 1534 of 1984 and both the appeals vide common judgment dated 27-6-1988 were decided by the Tribunal and the matter was remande































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