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NIKHIL S. KARIEL
Rajendrasing Nathusinh Solanki – Appellant
Versus
Learned Gujarat Revenue Tribunal Through Registrar – Respondent
JUDGMENT :
NIKHIL S. KARIEL, J.
1. Heard learned advocate Mr. Gaurang Vaghela for the petitioners and learned AGP Mr. Jayneel Parikh for the respondent State Authorities. Since all the petitions are interconnected, they are being decided by the present common judgment.
2. At the outset, it would be profitable to have an overall conspectus of the facts in its entirety before dealing with individual petitions. It appears that the family of the petitioners had held agricultural lands in village: Masma, Ta. Oldpad, Dist. Surat, and whereas originally Ceiling Act Case No.1852 of 1977, had been initiated by the Mamlatdar and ALT, Choryasi, Dist. Surat, under the provisions of the Gujarat Agriculture Land Ceiling Act, 1960 (herein after to be referred to as “the Act”) against the mother of the petitioners and whereas vide an order dated 20.01.1981, lands admeasuring 4A. and 30G. were declared surplus from the land held by the petitioners. It appears that the said order had been challenged by mother of the petitioners before the Deputy Collector, Olpad, by preferring Ceiling Revision Case No.86 of 1981 and whereas vide order dated 22.10.1981, the Deputy Collector had quashed the order by th
The court upheld the Gujarat Revenue Tribunal's decision, emphasizing that the petitioners failed to provide sufficient cause for a 31-year delay in challenging the surplus land declaration.
Prior legal determinations regarding land holdings must be respected in subsequent proceedings, and clubbing of holdings requires careful consideration of established facts.
Imposition of Ceiling on Land Holdings Act does not permit retroactive scrutiny of land transfers pre-dating statutory cut-off; failure to follow judicial precedents constitutes a breach of natural j....
The court emphasized the importance of pleading specific provisions and established legal positions in challenging orders, and affirmed the legal principles established by previous judgments.
The court affirmed that under the Gujarat Agricultural Lands Ceiling Act, a widow and her major sons are entitled to separate ceiling units for agricultural land, thus validating the Tribunal's decis....
An order declaring land surplus issued in the name of a deceased person is a nullity and violates principles of natural justice, warranting its quashing.
Deputy Collector could not have invoked suo motu jurisdiction after one year from the date of passing of any order passed by the Mamlatdar.
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