The respondent preferred an appeal under Section 35 of the 1960 Act to the Deputy Collector, Rajkot.
Before the learned Single Judge, the respondent took the stand that his lands were companyered by the Urban Land Ceiling and Regulation Act, 1976 hereinafter called the Act, 1976 and was number governed by the Act of 1960.
By the said impugned judgment and the final order, the Letters Patent Appeal preferred by the appellants came to be dismissed companyfirming the judgment of the learned Single Judge passed in Special Civil Application No.4015 of 1990 dated 06.05.1999.
The appellants preferred Letters Patent Appeal No.597/2000 and by the order impugned in this civil appeal, the said LPA having been dismissed, the appellants have companye forward with this appeal.
The Gujarat Revenue Tribunal by its judgment dated 08.09.1989 partly allowed the revision and directed that Randarda lands admeasuring 40 acres to be included in the total holding, that Bhomeshwar Temple admeasuring 12 acres 34 Gunthas to be excluded from the holding of the respondent and remanded the matter back to the second appellant for taking evidence regarding the age of the members of the family.
In fact, the said stand of the respondent was raised for the first time in the writ petition.
The second appellant herein initiated proceedings under the provisions of The Gujarat Agricultural Lands Ceiling Act, 1960 hereinafter called as the Act of 1960 and after hearing the interested party, passed an order dated 24.08.1982 in Ceiling Case No.2 of 1976 holding that the land to an extent of 587 acres 35 Gunthas was in excess of ceiling limit and the respondent was entitled to retain only balance land i.e. 51 acres.
The stand of the respondent was accepted by the learned Single Judge and by the judgment and order dated 06.05.1999 passed in Special Civil Application No.4015 of 1990, the judgment and order of the Gujarat Revenue Tribunal dated 08.09.1989 in Revision Application No.
The respondent preferred a revision under Section 38 of the Act of 1960 which was registered as TEN.B.R.4/84 before the Gujarat Revenue Tribunal.
Aggrieved by the order of the Gujarat Revenue Tribunal, the respondent preferred the writ petition in Special Civil Application No.4015 of 1990.
To briefly refer to the facts, in the State of Andhra Pradesh a ceiling of agricultural holdings was sought to be imposed by enacting an Act called The Andhra Pradesh Land Reforms Ceiling on Agricultural Holdings Act Act 1 of 1973 hereinafter referred to as the Andhra Pradesh Act .
However a Full Bench of the High Court negatived the challenge by its judgment dated 11.04.1973.
TEN.B.R.4/84 was set aside and the Rule was made absolute.
We heard Mr. Soli J. Sorabjee, learned senior companynsel for the appellants and Mr. Shekhar Naphade, learned senior companynsel for the respondent.
Fakkir Mohamed Ibrahim Kalifulla, J. The State of Gujarat and the Mamlatdar Agriculture are the appellants.
It was enacted by the Andhra Pradesh Legislature on 01.01.1973.
The appellants are aggrieved by the judgment of the Single Judge of the High Court of Gujarat at Ahmedabad dated 11.10.2000 and the final order of the Division Bench dated 20.10.2000 passed in Letters Patent Appeal No.597/2000 in Special Civil Application No.4015 of 1990.
The Act was challenged before the High Court of Andhra Pradesh.
The Deputy Collector dismissed the appeal by an order dated 10.11.1983.
