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2022 Supreme(Guj) 561

R.M.CHHAYA, NIRZAR S.DESAI
Dadubhai Najbhai Kachar – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : Mr. P.P. Majmudar, Mr S.P. Majmudar, Mr. Nishit P. Gandhi.
For the Respondent: Mr. Tirthraj Pandyal, AGP.

JUDGMENT :

NIRZAR S. DESAI, J.

1. By way of this appeal under clause 15 of the Letters Patent, the appellant has challenged the judgment dated 7.10.2013 passed by the learned Single Judge rejecting Special Civil Application No.2472 of 1983.

2. In the main petition, the petitioner has prayed for quashing and setting aside the order dated 25.2.1981 passed by the Mamlatdar and ALT in Ceiling Case No.78 of 1976-77, order dated 31.7.1981 passed by the Deputy Collector, Limdi in Ceiling Appeal No.103 of 1981 and order dated 24.12.1982 passed by the Gujarat Revenue Tribunal in Revision Application No.TEN.BA.915 of 1981.

3. It is the case of the appellant that mother of the petitioner filled in Form No.2 inter alia contending that the land held by her comprised the bid land which was not cultivable and excluding bid land, remaining land would not attract the ceiling limit. Ultimately the Mamlatdar & ALT vide order dated 25.2.1981 declared 583 acres and 14 gunthas of the land as excess. The aforesaid order was subsequently confirmed by the Deputy Collector, Limdi in the appeal and ultimately by the Gujarat Revenue Tribunal in revision application. All these three orders passed by the Mamlatdar

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