LAWS(GJH)-2023-1-1247

PARBATBHAI HADABHAI RAFALIYA Vs. SPECIAL SECRETARY (APPEALS)

Decided On January 06, 2023
Parbatbhai Hadabhai Rafaliya Appellant
V/S
SPECIAL SECRETARY (APPEALS) Respondents

JUDGEMENT

(1.) RULE. Learned Assistant Government Pleader waives service of notice of rule on behalf of the concerned respondents.

(2.) The issue involved in the present petitions is similar and identical in nature, hence, the facts leading to filing of these petitions are taken from Special Civil Application No.18778 of 2019, which read as under :-

(3.) At the outset, learned advocate Mr.Purohit, appearing for the petitioners has submitted that the District Collector, while exercising the suo motu revision powers under Rule 108 (6) of the Gujarat Land Revenue Rules, 1972, after almost 10 years has taken Entry No.2362 dtd. 5/7/2008 into revision in the year 2018 on assumption and presumption that the petitioner is a non-agriculturist. It is further submitted that almost after 10 years the District Collector has questioned the revenue entry for the alleged breach of Sec. 54 of the Saurashtra Gharkhed Ordinance exercising power under Rule 108 (6) of the Gujarat Land Revenue Rules. It is submitted that even otherwise assuming that the District Collector had power to decide the agriculturist status of the petitioner then also the same is not permissible in the view taken in the case between Mohamad Kavi Mohamad Amin V/s Fatma Ibrahim, 1997) 6 S.C.C. 71, wherein it is laid down that proceedings under sec. 84(C) of the Gujarat Tenancy and Agricultural Lands Act, 1948 could not be initiated after a period of one year and such action is without jurisdiction and cannot sustain. It is further submitted that the impugned orders, are required to be quashed and set aside in view of the judgment of this Court in the case of Rinki Shashikant Gandhi vs. Mamlatdar, Vadodara Taluka and Ors., 2012 (2) G.L.R. 1275, since the impugned orders suffer from the delay and latches, the District Collector has initiated suo motu proceedings after a period of 10 years.