ISHWARBHAI NAGJIBHAI TALPADAKOLI Vs. SONKIBEN MANKABHAI VASAVA

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution of India, the petitioner seeks to challenge an order dated 6th June 2003 passed by the Deputy Secretary (Appeals), Revenue Department, Government of Gujarat, and also an order dated 31st March 1997 passed by the Deputy Collector, Land Project No.8, Triable Sub-Plant, Rajpipla.

(2.) FACTS shortly stated be summed up thus :

(3.) INDISPUTABLY , the entry with regard to the transaction of 1967 was taken in suo motu review for the first time in the year 1996 i.e. almost after a period of 30 years. Mr.Variava, the learned advocate appearing for the petitioner, submitted that it is by now well-settled that the suo motu power must be exercised within a reasonable period. Mr.Variava further submitted that Section 73AA of the Code prescribes procedure for initiating action. Sub-clause (4) of Section 73AA refers to limitation within which action could be taken. Relevant portion of which reads as under : Section 73AA(4):