MOHANBHAI JIVRAJBHAI SUTARIYA Vs. SECRETARY (DISPUTE)

JUDGEMENT

(1.) LD . Counsel for the parties have requested to take up the Letters Patent Appeal for final disposal and hence it is taken up for final disposal today.

(2.) THE order dated 1/12/2009 passed by the Ld. Single Judge in Special Civil Application No. 9937 of 2009 is under challenge in this Letters Patent Appeal filed by the appellant original petitioner. Before the Ld. Single Judge, the petitioner has challenged the order dated 19/3/2009 passed by the Secretary [Appeals] Revenue Department, State of Gujarat, in Revision Application No. 12/2008. The Revision Application filed by the present appellant has been dismissed on the ground of lapse of time as Revision Application was filed after period of eight years.

(3.) CONSIDERING the time lapsed after the disputed entry no. 411, it seems that the action taken by the Revenue Authorities, even though they are entitled to initiate such proceedings suo-moto, if irregularities found, makes it clear that when any entry is cancelled after 34 years, the Revenue Authorities shall give ample and proper opportunity to the concerned persons to represent their case. Moreover, when there is no illegality or irregularity or any activity by the litigant and when disputed entry was made by the then revenue officers only, without following rules, the land owner cannot be made to suffer for such irregularities, that too after more than three decades.