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 decision.

JUDGMENT :

ANIRUDDHA P. MAYEE, J.

1. By the present Writ Petition, the petitioner impugns the judgment and order dated 16.04.1990 passed by the learned Gujarat Revenue Tribunal in Revision Application No. TEN. B. A. 490/89.

2. The factual matrix in the present case is that the respondents herein were holding the agricultural lands to the extent of 237 Acres 35 Gunthas situated at Village Didhadia, Taluka Halvad, District Surendranagar. The proceedings under the GUJARAT AGRICULTURAL LANDS CEILING ACT , 1960 came to be initiated in case of the respondents herein by the learned Mamlatdar & ALT (Ceiling), Halvad in Case No.368/76-77. After giving due hearing to the respondents, vide order dated 10.07.1985, the learned Mamlatdar & ALT (Ceiling), Halvad, concluded that the total holding of the respondents was 237 Acres 35 Gunthas and that they were entitled to retain four units, i.e. one for Jivubha Ghelubha Zala himself, one each for his two major sons Janaksinh and Ajitsinh and one unit for his widow mother Majirajba. It was held that thus, the total permissible land, which could be retained by the respondents, was 216 Acres and 21 Acres 35 Gunthas was liable to be declared as surplus agricultural land. However, after considering various factors, the learned Mamlatdar decided that the respondents landholders could retain 216 Acres 37 Gunthas and declared 20 Acres 38 Gunthas as surplus land. The said order came to be challenged by way of an appeal by the petitioner State before the learned Deputy Collector (Land Reforms) in Appeal No.4/88-89. The learned Deputy Collector (Land Reforms), by the order dated 29.04.1989, allowed the appeal of the petitioner State and modified the order dated 10.07.1985 passed by the learned Mamlatdar & ALT (Ceiling), Halvad. It was held that the total holding of the respondents was 288 Acres 31 Gunthas and that they were entitled to only three units i.e. one for Jivubha Ghelubha Zala himself and one each for his two major sons Janaksinh and Ajitsinh. It was, thus, held that 162 Acres land could be retained by the respondents and the land to the extent of 126 Acres 31 Gunthas was declared surplus. Aggrieved, the respondents preferred the Revision Application No. TEN. B. A. 490/89 before the learned Gujarat Revenue Tribunal. By the impugned order dated 16.04.1990, the learned Tribunal, after calling for the records and hearing the parties, set aside the order dated 29.04.1989 of the learned Deputy Collector (Land Reforms) in Appeal No.4/88-89 and upheld the order passed by the learned Mamlatdar & ALT (Ceiling), Halvad dated 10.07.1985 holding that the respondents were entitled to four units amounting to 216 Acres 37 Gunthas and 20 Acres 38 Gunthas was declared as surplus land. Aggrieved, the petitioner State of Gujarat has filed the present Special Civil Application.

3. The learned AGP Dr. Pooja Ashar appearing for the petitioner State submits that there was an error in calculating the number of units, to which, the respondents are entitled to. She submits that in the present case, the respondents were entitled to only three units i.e. 162 Acres and therefore, 126 Acres 31 Gunthas was the surplus land which should have been declared as excess land in the holding of the respondents. The learned AGP submits that while the learned Mamlatdar has calculated four units, i.e. one unit for Jivubha Ghelubha Zala, one each for his two major sons Janaksinh and Ajitsinh and one unit for his widow mother Majirajba, the same has resulted into miscarriage of justice and the erroneous calculation in re