SCA/543320/2001 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5433 of 2001 For Approval and Signature: HONOURABLE MR.JUSTICE AKIL KURESHI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= AMARBEN PIGALDAS - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MR PJ VYAS for Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6, 1.2.7, 1.2.8, 1.2.9, 1.2.10, 1.3.1, 1.3.2, 1.3.3, 1.3.4, 1.3.5,1.3.6 MS MANISHA LAVKUMAR, AGP for Respondent(s) : 1 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI Date : 11/12/2008 ORAL JUDGMENT Petitioners have challenged order dated 25th September 2000 passed by the Gujarat Revenue Tribunal SCA/543320/2001 2/3 JUDGMENT in Revision Application No.TEN.B.A.636/96. By the said order, revision application of the petitioners came to be turned down. 2. Petition arises out of proceedings under the Gujarat Agricultural Land Ceiling Act ('the Act' for short). Before this Court, learned counsel for the petitioners had confined the challenge to seeking additional one-fifth unit for minor son of the petitioner, which according to the petitioners was not granted. 3. Learned advocate Shri Vyas for the petitioners submitted that the family had a minor son on 1.4.76 and the family was therefore entitled to one-fifth additional unit. 4. This aspect, however, has been considered by the Tribunal in the impugned order. Before the Tribunal also, it was canvassed that for the minor son, one- fifth additional unit was permissible. The Tribunal,however, held that as per section 6(3) of the Act, where a joint family consists of more than five members comprising of any members like minor son, etc. one-fifth unit is admissible subject however to maximum of two units being admissible for the family. In the present case, the family has been granted the said benefit. No case for additional one-fifth unit is made out. 5. I am in agreement with the view expressed by the SCA/543320/2001 3/3 JUDGMENT Tribunal which is borne out from the statutory provisions contained in section 6 of the Act. No interference is, therefore, called for. The petition is therefore, dismissed. Rule is discharged. Interim relief,if any, is vacated. (Akil Kureshi, J.) (vjn)