J M SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.D.M.Thakkar on behalf of the petitioner and learned AGP Ms.Archna Rawal for respondent - State Authorities. Rule has been issued by this Court on 11th January, 2002.

(2.) The brief facts giving rise to the present petition are as under :

(3.) Learned advocate Mr.D.M.Thakkar has submitted that vide order dated 24th September, 1998, the order dated 23rd February, 1993 which has been taken into review but in the said letter, it is not clarified that on what ground it is being done so and as such no reason has been given by the respondent. In absence of the reason, it is difficult for the petitioner to defend the case against the review notice. He also raised contention that the respondent authority is not having any power to review the order passed by the Settlement Commissioner and Land Records Director. It is also raised contention by the learned advocate Mr.Thakkar that under which Rules or under which Service Rules, the decision of the review has been taken by the respondent, is also not disclosed and therefore, his submission that the review notice itself is unreasonable and without application of mind. However, he also raised further contention that even in case if the respondent authority has power to review, such powers must have to be exercised within reasonable time and this is not reasonable time because the order dated 23rd February, 1993 is taken in review in the year 1998 after a period of five years. Therefore, he submitted that this letter of review dated 24th September, 1998 is required to be quashed and set aside.