JAYANTILAL CHUNILAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners are aggrieved by the order of the Government passed under Sec. 34 of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the Act') in suo motu revision cancelling the order passed by the competent authority under Sec. 21(1) of the Act.

(2.) A declaration under Sec. 21(1) read with Rules 11 and 11(a) was made on 30/03/1979 the last day for making such application. In the body of the form in the column of land-holder, the name of petitioner No. 1 was mentioned. However, the declaration was signed by petitioners Nos. 2 and 3 also. The petitioners .Nos. 2 and 3 were holding the land of Naroda being Survey Nos. 571/1, 2 and 3.

(3.) By an order dated 3/11/1981, the competent authority rejected the application of the petitioners Nos. 2 and 3 on the ground that the petitioners Nos. 2 and 3 had not filled in Form No. 5 and had not made requisite declaration separately. Against this order, no appeal was filed. The appeal was to be filed within 30 days. However, after about eight months on 7/07/1982, an application was made to review and/or revise the order on the ground that the dismissal of the application was for non-fulfilment of some formal things. On that application. it appears that the competent authority had raised a question as to whether the competent authority can review or revise the order already passed and after considering the same, the competent authority, on 22/07/1982, pissed an order ruining into three typed pages and held that as the land in respect of which the scheme was proposed was already mentioned in the Form No. 5 and as the land-holders have signed Form No. 5 right from the beginning and as this was a mere formal defect and not a decision on merits, the competent authority could review the matter and, therefore, the order was passed to reconsider the matter. This order dated 22/07/1982 is on record. It has not been taken into suo motu revision and it has not been set aside.