Upendrasinhji Vijaysinhji v. State Of Gujarat

(1) By way of this petition under Article 227 of the Constitution of India the petitioner has prayed for an appropriate writ, order or direction quashing and setting aside the impugned judgment and order passed by the learned Gujarat Revenue Tribunal dated 11/02/1992 in Revision Application TEN/BR 39/1989 by which the learned Gujarat Revenue Tribunal has dismissed the Revision Application confirming the order passed by the authorities below dated 31/05/1989 passed by the Deputy Collector as well as the order dated 30/09/1988 passed by the Mamlatdar and ALT under the provisions of the Gujarat Agricultural Lands Ceiling Act, 1960.

(2) It is not in dispute that as such there are concurrent findings of fact given by both the authorities below, which are on appreciation of evidence.

(3) Shri P.J. Vyas, learned advocate appearing on behalf of the petitioner is not in a position to satisfy the Court how the impugned decisions are illegal and contrary to the provisions of statute and/or provisions of the record. Even otherwise, it appears that the dispute was whether the land in question can be said to be a bid land or not. It is reported that the said dispute is now not res integra in view of the decision of the Hon'ble Supreme Court in the case of NAGBHAI NAJBHAI KHACKAR Vs. STATE OF GUJARAT reported in (2010) 10 SCC 594. Under the circumstances, even the decision with respect to bid land is already now settled by the Hon'ble Supreme Court in the aforesaid decision and, therefore, the contention on behalf of the petitioner cannot be accepted and the present petition deserve to be dismissed.

(4) In view of the above and for the reasons stated hereinabove and the decision of the Hon'ble Supreme Court in the case of NAGBHAI NAJBHAI KHACKAR (Supra) the present petition fails and, therefore, the same deserves to be dismissed and is accordingly dismissed. Rule is discharged. Ad-interim relief granted earlier, if any, stands vacated forthwith.