IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CIVIL APPLICATION No. 9408 of 1998

PRAFULCHANDRA AMICHAND SHAH - Petitioner(s)

Versus
STATE OF GUJARAT & 2 - Respondent(s)

CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI

Date : 24/10/2008

The facts of the case is that The petition arises out of the proceedings under Gujarat Agricultural Land
Ceiling Act. The Mamlatdar and ALT, Chaurasiya, after couple of rounds of remands had by his order
dated 28.2.1994 held that the petitioner does not hold any land in excess of ceiling limit. The State
preferred appeal against the said order of Mamlatdar before the Deputy Collector who by his order
dated 19.2.1996 remanded the proceedings before the Mamlatdar for fresh consideration. The
petitioner challenged the said order of Deputy Collector before Gujarat Revenue Tribunal in Revision
Application TEN.B.S. 72/1996.This revision application came to be disposed of by a decision dated
14.7.1998 confirming the order passed by the Deputy Collector upon which the present petition has
been filed by the petitioner original land holder.

In this case, the Hon’ble Court not want to interfere the remand order while exercising the writ
jurisdiction. However, the remand already done twice. The court also states that, proceeding under the
Gujarat Agricultural Land Ceiling Act, it is more necessary to give land to the owner and if it exceed the
ceiling limit than government should distribute to the person who cultivate the land. As it already
remanded twice, court states that the order of the Deputy collector and the Tribunal would result into
miscarriage of Justice. The Hon’ble Court while setting aside the tribunal order, the Tribunal is requested
to hear the revision application afresh and ignore the order passed by the Deputy Collector for remand
of the proceedings, decide on merits, on the basis of available evidence on record including if any
additional evidence. It should be done expeditiously and preferably within six months from the date of
receipt of a copy of this order.