Gujarat High Court
Rameshbhai Mathurbhai Patel vs State Of Gujarat & on 6 May, 2013
Author: S.G.Shah
Bench: S.G.Shah
RAMESHBHAI MATHURBHAI PATELV/SSTATE OF GUJARAT C/SCA/996/1997 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 996 of 1997 ================================================================ RAMESHBHAI MATHURBHAI PATEL & 4....Petitioner(s) Versus STATE OF GUJARAT & 2....Respondent(s) ================================================================ Appearance: DELETED for the Petitioner(s) No. 5 MR JITENDRA M PATEL, ADVOCATE for the Petitioner(s) No. 1 - 2.2 , 3 - 4 MS TRUSHA MEHTA, Asst.Govt.Pleader for the Respondent(s) No. 1 - 2 NOTICE SERVED for the Respondent(s) No. 3 ================================================================ CORAM: HONOURABLE MR.JUSTICE S.G.SHAH Date : 06/05/2013 ORAL ORDER
Heard learned counsel Mr.Jitendra Patel for the petitioners and Ms.Trusha Mehta, learned AGP for the respondents.
Probably, the only dispute remains is regarding the identification and thereby calculation of land to be held by the petitioners and surplus land inasmuch aSs, as per the petitioners total land is only 46 acres whereas according to the Authority total land is 82 acres. There cannot be such a big difference. Therefore, there is certainly some discrepancy in consideration of calculation of excess land by the petitioners. Otherwise also, the concerned Authorities throughout has never dealt with the issues on merits, but dismissed the concerned appeal and revision on technical grounds of delay only.
In view of above fact, petitioners have agreed that since they are entitled to keep 36 acres land in all, considering the provisions of the Land Ceiling Act, they are ready and willing to let-go the surplus land, if any. It is further stated by learned advocate for the petitioners that they may be give a chance to select the land. According to them, only 10 acres land may be surplus. In view of such fact, it would be necessary for the respondent authorities to disclose on oath the correct position so far as the dispute on hand is concerned i.e. proper calculation and proper details of the surplus land. They may do so within four weeks.
(S.G.SHAH, J.) binoy Page 2 of 2