JUDGMENT :

A.S. SUPEHIA, J.

1. The present writ petition has been filed challenging the judgment and order dated 23.10.2002 passed by the Presiding Officer, Gujarat Revenue Tribunal, Ahmedabad in Revision Application No. TEN.B.A.207/2001, order dated 02.04.2001 passed by the Deputy Collector, Vadodara in Ceiling Revision Application No. 2 of 2000, and also the order dated 08.05.2022 passed by the Mamlatdar and ALT, Vadodara passed in Ceiling Remand Case No. 117 of 1988.

2. At the outset, learned advocate Mr. Jitendra Patel, appearing for the petitioner has submitted that the aforesaid order was challenged by taking shelter from the judgment and order dated 11.10.2000 and 20.10.2000 passed by Division Bench of this Court in Letters Patent Appeal No. 597 of 2000 in Special Civil Application No. 4015 of 1990, which has been subsequently reversed by the Apex Court vide judgment reported in the case of State of Gujarat and Another vs. Manoharsinh Pradyumansinhji Jadeja, 2013 (2) SCC 300.

2.1 It is thus submitted that presently, the petitioner-Trust is confining the issue with regard to status of non-agricultural land at Khatamba in Vodadara. He has referred to the order dated 25.08.1976 passed under the Urban Land (Ceiling and Regulation) Act, 1976 giving exemption under section 20 of the Act. It is submitted that since permission was given for the use of non-agricultural purpose, the provisions of the Gujarat Agricultural Lands and Ceiling Act, 1960 would not be applicable. It is submitted that the petitioner-Trust applied for developing the land vide application dated 01.09.1994 and has also paid the necessary development charge. He has placed reliance on further affidavit filed by the petitioner producing a sale deed dated 12.02.1965 in support of his submissions. It is submitted that the sale deed dated 12.02.1965 reflects that the land in question has been used by the petitioner for nonagricultural purpose, as per the order of the District Collector, Vadodara dated 02.01.1965 and no agricultural activities are carried out in the piece of land and hence, while referring to the object and purpose of the Gujarat Agricultural Land and Ceiling Act, 1960, (for short “the Act of 1960”) it is submitted that the provisions would not be applicable to the land in question since the petitioner-Trust is not holding any excess land.

2.2 Learned advocate Mr. Patel, has placed reliance on the judgment in the case of Adambhai Sulemanbhai Desai, Chairman, Desai Co-operative Housing Soc. Ltd. Dhandhuka vs. State of Gujarat, 2004 (1) GLR 906. Reliance is also placed on the judgment of this Court in the case of M/s. Jailaxmi Estate and Another vs. State of Gujarat and Others, AIR 1994 Gujarat 38. Further, reliance is placed on the judgment passed by this Court in the case of Ravichand Manekchand Sheth and Others vs. State of Gujarat and Others, 2006 (2) GLR 1567 and finally, he has placed reliance on the judgment of the Apex Court in the case of Harpal Singh vs. Ashok Kumar and Another, AIR 2017 SC 5852. Thus, it is submitted that the impugned order passed by the Tribunal may be set aside.

2.3 Learned advocate Mr. Patel, has also placed reliance on the various photographs/ documents, which are annexed to the present writ petition indicating that the land in question is not used for agricultural purpose but it is used for plantation and nursery etc.

3. In response to the aforesaid submissions, learned AGP Mr. Kanara, has submitted that the petitioner, for the very first time has raised such a contention before this Court and neither before the Tribunal nor before any authorities, such issue with regard to non-applicability of the provisions of the Gujarat Agricultural Land and Ceiling Act, 1960, was raised.

3.1 Learned Assistant Government Pleader has further submitted that the entire writ petition was premised on the judgment of the Division Bench dated 11.10.2000/20.10.2000 passed by this Court in Letters Patent Appeal No. 597 of 2000, which has been sub