KIRANKUMAR MADHUSUDAN OZA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned AGP.

(2.) This petitions is for issue of a writ of Certiorari challeging the order passed by Gujarat Land Revenue Tribunal on 26.11.1996 in revision under Sec. 38 of the Gujarat Agricultural Land Ceiling Act against the order of the Deputy Collector, Valsad dated 10.7.1995 by which he has rejected the appeal filed by the petitioner against the order of Mamlatdar (Alt, Ceiling), Umargaon dated 23.5.1994 under the said Act holding that the total holding of the petitioner for the purpose of the Act comes to 62 acres 2.75 gunthas. The controversy seems that one computation made the Mamlatdar as affirmed by the appellate authority and revisional authorities as prayed for suffers in error on the face of record which may call for interference in exercise of extra ordinary jurisdiction under Art. 226.

(3.) The computation which has finally found place in the order of competent officer under the ceiling Act in his order dated 23.3 1994 can be summed up like this. He computed that petitioner held in all 48 acres 1.25 gunthas of land as on 1.4.1976 and as acquired thereafter. The computation included lands comprised in Khata No. 9 at village Manda measuring 17 acres 7 gunthas, of Khata No. 104/A measuring 6 acres 28 gunthas at village Manchi, and 10 acres comprised in Khata No. 988 at village Maoli, totalling 33 acres 35 gunthas. There were the lands as declared by the holder petitioner Krishnakumar as on 1.4.1976. Further, lands which were Included were 8 acres and 22.5 gunthas in Khata No. 125 consisting of petitioner's half share in it at village Manda, and 5 acres 23.5 gunthas as 50% share in Khata No. 166 at village Manda, thus making the total 48 acres 1.25 gunthas. The dispute is about inclusion of these two latter holdings.