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1993 Supreme(Guj) 513

A.N.DIVECHA
Alarakhiben Yakubbhai – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: B. J. Jadeja, Adv.
For the Respondent: Y. F. Mehta , AGP.

JUDGMENT :

A. N. Divecha, J.

The order passed by the Additional Mamlatdar and Agricultural Lands Tribunal at Dhrangadhra (`the First Authority' for convenience) on 28th November, 1980 in Ceiling Case No. 381 of 1976-77 as affirmed in appeal by the order passed by the Deputy Collector at Dhrangadhra (`the Appellate Authority' for convenience) on 30th March, 1989 in Ceiling Appeal No. 5 of 1988-89 as further affirmed in revision by the decision rendered by the Gujarat Revenue Tribunal at Ahmedabad (`the Tribunal' for convenience) on 23rd November, 1992 in Revision Application No. TEN. B.A. 513 of 1989 is under challenge in this petition under Article 227 of the Constitution of India. By his impugned order the First Authority declared the holding of the brother of the petitioner to be in excess of the ceiling area by 10 acres 28 gunthas and declared in all 11 acres 37 gunthas of lands to be surplus vesting in the State Government free from all encumbrances in view of the relevant provisions contained in Section 18 of the Gujarat Agricultural Lands Ceiling Act, 1960 (`the Act' for brief).

2. This litigation has a somewhat chequered history. Respondent No. 2 herein is the petitioner's real

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