STATE OF GUJARAT Vs. MUKESHBHAI JAGDISHBHAI ACHARYA

JUDGEMENT

(1.) Heard learned advocates appearing for the parties.

(2.) Feeling aggrieved and dissatisfied by the order dtd. 26/7/2019 passed by the learned Single Judge in Special Civil Application No.18470/16, the State and its authorities have preferred this appeal under Clause 15 of the Letters Patent.

(3.) This proceeding has its genesis in the order dtd. 19/8/2016 passed by the Collector, Kutch, in Appeal/Jaman/108(6)/ Case No. 72 of 2016 with regard to Revenue Entry No. 8122, which came to be mutated for the lands in question. As enumerated in village form no. 7, being Survey No. 1519/22, situated at village Fatehgadh, Taluka Rapar, District Kutch. The respondent-original petitioner contended before this Court that the very initiation of suo motu proceedings was without jurisdiction and also contended that the suo motu action is initiated after a period of 10 years. The learned Single Judge, by the impugned judgment and order, observed thus-