NATHARA BHAI RAMABHAI CHAUDHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Mr. Aditya Jadeja, learned AGP waives service of rule for the respondent Nos.1 to 5.

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

(3.) The factual matrix in the present case is that, the petitioner is residing at Village Naren, Taluka Mandvi, District Surat. It is the case of the petitioner that the lands in question were held by his grandfather - Ramabhai Posalabhai Chaudhary as per the Ganot Act. It is further the case of the petitioner that the deceased grandfather of the petitioner had made a Will in favour of his daughter i.e. paternal aunt of the petitioner herein. That after the death of the grandfather of the petitioner in the year 1982, the revenue entries came to be mutated on the basis of the Will in the names of the respondent Nos.6 to 8 on 5/8/1982. That, thereafter, the said mutation entry No.1540 was rejected by the Mamlatdar, Mandvi on 13/12/1982 being against the provisions of law. That against the said order, the respondent Nos.6 to 8 preferred RTS Appeal No.55 of 1982 before the Dy. Collector, Olpad. That by order dtd. 15/2/1983, the Dy. Collector, Olpad has upheld the mutation entry No.1540. That the petitioner herein has challenged the order dtd. 15/2/1983 passed by the Dy. Collector, Olpad before the Collector, Surat in Revision Application No.497 of 2017 along with application for condonation of delay for condoning the delay of 34 years, 8 months and 11 days . By order dtd. 26/10/2018, the Collector, Surat has dismissed the said revision application of the petitioner herein on the ground of delay holding that no sufficient cause has been made out nor any valid reasons have been given for condoning such a long delay of more than 34 years.