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II. Adopted-son Udaybansinhji, who expired before the specified date is also entitled to claim one separate unit.
III. Land admeasuring 14 acres and 34 gunthas forming part of 'Gamtal' is not agricultural land and therefore, Ceiling Act does not apply to this land and therefore, this much land should be excluded from the holding of the land owner for the purpose of determining ceiling area."

24. In so far as the third issue with regard to exclusion of an area of 14 acres and 34 gunthas of the land stated to be 'Gamtal' land (not being agricultural land) from the purview of the Act, 1960, pertinent is to note that the conclusion drawn by the learned Single Judge in that regard, in paragraph '6.4' of the judgment impugned, are not substantiated by any material on record of the writ petition. There is absolutely no averment in the writ petition about the land admeasuring 14 acres and 34 gunthas being 'Gamtal' land including in the computation of ceiling area. It is not understandable from the order impugned as to what prompted the learned Single Judge to record as under:-

"6.4. So far as last contention that, 'land admeasuring 14 acres and 34 gunthas forming part of 'Gamtal' cannot be said to be agricultural land and Ceiling Act will not be applicable to the said land' is concerned, it is apparent from the title of the Act itself that it is applicable only to the 'agricultural lands'. When the land is marked as 'Gamtal' land and it is on record that this land is 'adjacent to the Natwr Baug Complex', it cannot be included in the holding as agricultural land. The fact that no material is placed much less convincing material that the land referred to was subjected to any agricultural operations, there is no reason for the Court to hold that the provisions of the Agricultural Lands Ceiling Act will be applicable and therefore, it is decided that provisions of the Agricultural Lands Ceiling Act will not be applicable."

English translation :

(8) The learned advocate for the opponent has further argued that the village site (gamtal) land admeasuring NEUTRAL CITATION C/LPA/41/2013 JUDGMENT DATED: 17/12/2025 undefined Acre 14-34 gunthas and the agricultural land admeasuring Acre 2-4 gunthas is not agricultural land, and therefore, it should be excluded. The opponent did not make such a submission before the Agricultural Tribunal (Krishi Panch). Furthermore, looking at the case records of the Agricultural Tribunal, this land is also agricultural. 'Gamtal' (Village site) and that too is merely names of the field. Therefore, this argument is also not liable to be accepted."