VALLABHBHAI RAMBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction and order quashing and setting aside the impugned order dtd. 2/12/2009 (Annexure A) passed by the respondent no.1 Revisional Authority i.e. Secretary (Appeals), Revenue Department, State of Gujarat as well as order dtd. 27/10/2008 (Annexure B)passed by the respondent no.2 Collector, Bhavnagar respectively, holding the transfer of the land in question in favour of the petitioner to be in contravention of Sec. 54 of the Saurashtra Gharkhed Tenancy Settlement and Agriculture Lands Ordinance, 1949 (hereinafter referred to as "the Ordinance ").

(2.) Shri Dhaval Barot, learned advocate for the petitioner has submitted that as the petitioner purchased the respective lands in question in the year 1986 and the necessary entries were mutated in the revenue record, Collector was not justified in exercising the revisional powers after an unreasonable period of 21 years. It is further submitted that as held by this Court in catena of decisions, exercise of revisional powers after unreasonable period is not permissible. It is further submitted that petitioner's father and other family members were agricultural labourer and therefore, the petitioner was also an agricultural labourer and therefore, considering Sec. 2(g) of the Ordinance that petitioner and his family were agriculturist. Therefore, it is requested to quashed and set aside the impugned orders.

(3.) Shri Dhaval Barot, learned advocate for the petitioner has relied upon the following decisions of the Hon'ble Supreme Court as well as this Court.