IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS.5871-5872 OF 2010 (Arising out of S.L.P. (C) No.7553 of 2007)

Harendrakumar Natwarsinhji                 ...Appellant(s)

Versus

State of Gujarat                     ...Respondent(s)

O  R  D  E  R

Leave granted.

Heard learned counsel on both sides.

Apart  from  the  constitutional  validity,  which  

challenge  is  given  up  by  the  appellant  herein,  the  only  

question  which  requires  to  be  decided   on   merits   is,  

whether   Premkunvarba and Harendrakumar are entitled to the  

shares claimed by them in the proceedings under the Gujarat  

Agricultural Lands Ceiling Act, 1960, [for short, `the Act']?  

Almost 16 to 17 years have gone in this litigation primarily  

based on points relating to the constitutionality and the  

scope of certain provisions of the Act.  That challenge no  

more survives.  However, as stated above, on the question of  

entitlement of the above two persons, the High Court has not  

gone into the claims made by Premkunvarba and Harendrakumar  

under the Act.  On this limited ground, we remit the case to  

the High Court for  de novo consideration in Special Civil  

Application No.4351 of 1990.   

....2/-

- 2 -

We request the High Court to place these matters for  

directions on 2nd August, 2010, and, on that date, the High  

Court may give a fixed date of hearing, as early as possible.  

It is made clear that, once the date is given, the matter  

will proceed on day-to-day basis and no adjournment will be  

granted  under  any  circumstances,  particularly  when  the  

litigation has been fought for last 16 years.

The civil appeals stand disposed of accordingly.

No order as to costs.

....................CJI.               [S.H. KAPADIA]

......................J.               [K.S. RADHAKRISHNAN]

......................J.               [SWATANTER KUMAR]

New Delhi, July 22, 2010.