BAROT HASUMATIBEN BHEMJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) The factual matrix in the present case is that the petitioners are the legal heirs and representatives of one deceased Barot Behmjibhai Lallubhai, who had sold the properties to one Mr. Tribhovandas Ganeshdasji Patel vide registered sale deed dtd. 14/6/1976. That by the said sale deed, two parcels of land came to be sold. Out of the two parcels revenue survey No.872 was new tenure land. That on 12/10/1977 mutation entry No.1899 came to be rejected by the revenue authorities in the record of rights in village form No.6. It is submitted that thereafter the petitioners have come to know that the Mamlatdar has initiated proceedings under Sec. 84(C) of the Bomay Tenancy & Agricultural Lands Act for breach of conditions. It is the case of the petitioner that they were not served the notice which came to be issued on 16/6/2020. However, the petitioners became aware of the said proceedings on 24/11/2022 when the same was revealed in another civil proceedings to which the petitioners were a party. It is submitted that thereafter the petitioners have obtained the certified copy of the said notice from the respondent No.3 - Mamlatdar, Mehsana. Thereafter, aggrieved, they have preferred the present Special Civil Application.

(3.) Learned counsel for the petitioner submits that there is inordinate delay in initiating such suo moto proceedings for the breach of conditions. He submits that this Court has held that such proceedings are without jurisdiction in view of the inordinate delay. He relies on the judgment of this Court reported in 2016 (2) GLR 1021. He, therefore, submits that the present proceedings being illegal, unjust and improper the same be interfered with by this Court.