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2014 Supreme(Guj) 912

AKIL KURESHI, J.B.PARDIWALA
Pushpaben – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioners No. 1 and 5: Shalin Mehta, PY. Divyeshvar
For the Respondents No. 1 and 4: Kamal Trivedi, S.K. Vishen, AGP.

JUDGMENT :

Akil Kureshi, J. - Petitioners have challenged the vires of the Gujarat Agricultural Lands Ceiling Act, 1960 (the Act for short) as being ultra vires the Constitution of India. Consequently, they have prayed for quashing the proceedings undertaken by the competent authority under the Act qua the petitioners agricultural land of village Ladvi, Taluka Kamrej, Dist: Surat.

2. Few facts may be noted at the outset.

3. The petitioners hold agricultural lands situated in village Ladvi, Taluka Kamrej. Since the land held by the petitioners was in excess of the ceiling limit prescribed under the Act, necessary declaration in this respect was made before the competent authority. The Mamlatdar and ALT held certain lands to be in excess of ceiling limit. The petitioners lost in further appeal and revision before the Gujarat Revenue Tribunal when the revision petition was dismissed on 20th June 1993. Such decision of the GRT was challenged by the petitioners by filing Special Civil Application No.10507 of 1993 which was dismissed by a judgment dated 21.3.2007. Against the said judgment of the learned Single Judge, the petitioners preferred Letters Patent Appeal No.52/09 which was dismis





































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