JAGDISHKUMAR KANTILAL JANI Vs. GUJARAT REVENUE TRIBUNAL

JUDGEMENT

(1.) Heard the learned counsel for the petitioner.

(2.) The present Special Civil Application is filed for the following reliefs:-

(3.) The factual matrix in the present case is that the forefather of the petitioner, namely, Lalluram Guarishankar was recorded as owner and occupier of the land in question. After the death of Shri Lalluram Guarishankar, the name of the petitioner's father, namely, Kantilal Lalluram was recorded in the revenue record. That there was one tenant namely, Gaurishankar Girdharlal, who was a protected tenant, vide Entry No.9697 dtd. 18/5/1978. The said tenant was not ready to purchase the land in question. That the said tenant Gaurishankar Girdharlal expired without any legal heirs. In view thereof, a mutation entry No.10712 dtd. 4/9/1990 came to be recorded, since there was no heir, the sale of the land in question was rendered ineffective and the land in question was ordered to be forfeited without any encumbrance in favour of the Goverment. That the petitioner herein challenged the order dtd. 16/8/1990 passed by the Additional Mamlatdar and ALT, Visnagar by filing Tenancy Appeal on 7/1/2022 after a period of almost 32 years before the Assistant Collector, Visnagar. By order dtd. 12/7/2022, the Assistant Collector, Visnagar was pleased to dismiss the said appeal on the ground that no explanation whatsoever was given by the petitioner for the delay of 32 years in challenging the order dtd. 16/8/1990 passed by the Additional Mamlatdar and ALT, Visnagar. Aggrieved, the petitioner preferred Revision Application No.332 of 2022 before the learned Gujarat Revenue Tribunal, Ahmedabad. By order dtd. 30/11/2022, the learned Tribunal after hearing the petitioner, has dismissed the Revision Application. Aggrieved, the petitioner has filed the present Special Civil Application.