ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE
MRS. JUSTICE SUNITA AGARWAL)
1. Heard learned counsels for the parties and perused the record.
2. This intra court appeal is directed against the judgment and order dated 21.07.2005 passed by the learned Single Judge in setting aside the order passed by the Deputy Collector as well as the orders passed by the Gujarat Revenue Tribunal in a revision invoking Section 37 of the Gujarat Agricultural Lands Ceiling Act, 1960.
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3. Undisputed facts of the matter are that the Mamlatdar and ALT, Mangrol, by order dated 14.09.1987 was pleased to hold that the agricultural lands held by the original petitioner were not in excess of the ceiling limit and consequently, decided to drop the proceedings initiated against the petitioner under the provisions of the Gujarat Agricultural Lands Ceiling Act, 1960 (in short as the "Act, 1960").
4. The order passed by the Mamlatdar was taken up in suo motu revision after a period of one year, and vide order dated 30.01.1989, the Deputy Collector had set aside the order dated 14.09.1987 passed by the Mamlatdar, while declaring 11 acres and 10 gunthas of land belonging to the petitioner, part of Survey No. 7, Block No. 6, as an excess agricultural land and ordering the said land to vest in the State Government.
5. The original petitioner had challenged the order of the Deputy Collector before the Gujarat Revenue Tribunal, which has dismissed the revision by order dated 31.07.1992. The whole dispute as considered by the learned Single Judge, revolved around the powers of suo motu revision conferred upon the Collector by virtue of Section 37 of the Act, 1960 and observations in this regard can be found in paragraphs '4' and '5' of the judgment impugned.
6. Having noticed the language employed in the proviso to Section 37 of the Act, 1960, "unless opportunity has been given to interested parties to appear and be heard"
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and noticing that the records were not called for within a period of one year or until 14.09.1988 from the date of the order of the Mamlatdar passed on 14.09.1987, we do not find any error in the order passed by the learned Single Judge.
7. For the discussion made above and in addition to the reasoning given by the learned Single Judge, the present appeal stands dismissed being devoid of merits. No order as to costs.
(SUNITA AGARWAL, CJ )
(DIVYESH A. JOSHI,J)
BIJOY B. PILLAI
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