JUDGMENT :

1. This petition is filed for the following reliefs :

"9(A) to allow this petition with costs;

(B) to quash and set aside the orders passed by the Mamlatdar and A.L.T., Chotila (Annex.’A'), the Deputy Collector, Limbdi (Annexure ‘B') and the Gujarat Revenue Tribunal (Annexure ‘C');

(C) to stay the execution and implementation of the order passed by the respondent no.2 (Annexure ‘A') as confirmed by the Deputy Collector, Limbdi in appeal, and by the Gujarat Revenue Tribunal in revision (Annex.’B' and ‘C' respectively), pending the hearing and final disposal of this petition;

(D) xxxx"

2. The brief facts leading to filing of this petition, as mentioned in the memo of the petition are, as under:

2.1 It is the case of the petitioner that he was holding land in excess of the ceiling area prescribed for the District of Surendranagar and, therefore, on coming into force of the Gujarat Agricultural Lands Ceiling Act, 1960 (hereinafter referred to as ‘the Ceiling Act') as amended in 1972, submitted Form No.2 on 29.6.1976 to the Mamlatdar and A.L.T.Chotila stating that he held 29 acres 8 gunthas of agricultural land and the rest of the lands were bid lands comprising of hilly tracks and stony terrain totally unfit for cultivation or agriculture. Inspite of that, the Mamlatdar initiated an inquiry and by order dated 24.11.1980, held that the petitioner was holding excess land to the extent of 699 acres 18 gunthas. Against the said order, petitioner preferred appeal to the Deputy Collector, Limbdi who remanded the matter back to the Mamlatdar as proper notices were not issued. On remand, again the Mamlatdar, vide order dated 19.9.1981 held that the petitioner was holding 645 acres 18 gunthas of excess land, against the same, the appeal was filed which failed. However, the Gujarat Revenue Tribunal (‘GRT' for short), by its order dated 1.3.1983, allowed the revision application and again remanded the matter back to the Mamlatdar for fresh inquiry. The Mamlatdar took further evidence and again, by order dated 1.3.1984, held that the petitioner is holding 645 acres 18 gunthas as excess land.

2.2 It is the case of the petitioner that the petitioner preferred appeal under Section 35 of the Ceiling Act to the Deputy Collector, Limbdi, which was dismissed vide order dated 16.7.1984. The petitioner, thereafter, preferred revision application under Section 38 of the Ceiling Act, which came to be dismissed vide order dated 24.4.1986, against which this petition is filed.

2.3 It is pertinent to note here that this petition was disposed off by this Court (Coram: K.J.Thaker, J (as His Lordship then was) with some directions vide order dated 5.8.2015, against which the petitioner preferred SLP (C) No.29321 of 2015 before the Hon'ble Apex Court. The Hon'ble Apex Court, vide order dated 26.10.2015, issued notice and the matter was ordered to be tagged with SLP (C) Nos.4545-4546 of 2015 (main SLP(C) Nos.4543-4544 of 2015). Thereafter, vide common order dated 22.7.2019, the Hon'ble Apex Court quashed and set aside the order impugned in all these petitions and remanded this matter back to this Court for fresh consideration. Accordingly, this matter is being placed for hearing.

3. Heard learned advocate Mr.S.P.Majmudar for learned advocate Mr.Nishith Gandhi for the petitioner and learned AGP Mr.Meet Thakkar for the respondent state authorities.

4. Learned advocate Mr.Majmudar for the petitioner submitted that the present petition is filed against the impugned judgment dated 24.4.1986 passed by the learned GRT as well as the order of the Deputy Collector dated 16.7.1984 as well as the order passed by the learned Mamlatdar dated 1.3.1984, by which the authorities have declared the land admeasuring acres 645-18 gunthas as surplus land without appreciating the proper facts of the case as well as the statutory provisions.

4.1 Learned advocate Mr.Majmudar has further submitted that this Court, while disposing off this petition vide order dated 5.8.2015, issued the