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2022 Supreme(Guj) 1516

ARAVIND KUMAR, ASHUTOSH J. SHASTRI
COLLECTOR – Appellant
Versus
HARIJAN DANA LAKHU – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.M. ANTANI.
For the Respondents: C.J. VIN, VINOD M. GAMARA, NILESH J. GOSAI.

JUDGMENT :

ARAVIND KUMAR, J.

1. The State has questioned the correctness and legality of the order dated 8.9.2016 passed in Special Civil Application No. 3254 of 2001 and Special Civil Application No. 3258 of 2001. The land bearing Survey Nos. 192, 146, 216, 147, 120, 760, 742, 748, 641 and 300 of Village: Padana, District: Jamnagar were declared as surplus by order of Mamlatdar dated 23.11.1980 under Section 21 of the Gujarat Agricultural Lands Ceiling Act (hereinafter referred to as ‘Ceiling Act’) in Case No. 41 of 1976. Said order was challenged before the Deputy Collector who by order dated 13.9.1982 remanded the matter back to the Mamlatdar and he confirmed the same. Respondent No. 5 who were the erstwhile owners filed an appeal before the Deputy Collector which came to be dismissed vide order dated 4.2.1983 and the revision application preferred before the Gujarat Revenue Tribunal against the order dated 4.2.1983 was dismissed vide order dated 6.2.1985. Special Civil Special Civil Application No. 3185 of 1986 filed before this Court challenging the same ended in its dismissal dated 25.6.1986 and was confirmed by the Hon’ble Apex Court by order dated 23.2.1987 passed in Special

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