SURESHBHAI RAGHUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT petition has been filed by the petitioner under Articles 14, 19 and 226 of the Constitution of India as well as under the provisions of the Bombay Land Revenue Code for the prayers, inter alia, the impugned order passed in Revision Application No.MVV/HKP/VLS/03/98 by the Secretary (Appeals), Revenue Department dated 03.04.2013 confirming the order passed by the Collector, Valsad in RTS/Revision/Case No.252/93 dated 14.08.1997 canceling the entry No.1247, may be quashed and set aside on the grounds stated in the petition.

(2.) HEARD learned Advocate Shri Zubin Bharda for the petitioner, learned AGP Shri Udit Mehta for the Respondent Nos.1 and 2 and no one has appeared for Respondent Nos.3/1 and 3/2.

(3.) LEARNED Counsel Shri Bharda also referred to and relied upon the judgment of the Hon'ble Division Bench of this High Court (Coram: Hon'ble Chief Justice Mr. S. J. Mukhopadhaya and Hon'ble Mr. Justice K. M. Thaker) in the case of Bhanji Devsinbhai Luhar vs. State of Gujarat and Others, 2011 2 GLR 1676 in support of his contention whether at a belated stage exercise of powers would be justified, after a long period. The Hon'ble Division Bench has also considered what could be said to be a reasonable period while considering the various judgments of the Hon'ble Apex Court, including the judgment of the Hon'ble Apex Court in the case of Sultan Sadik vs. Sanjay Raj Sabbha, 2004 2 SCC 377 wherein it has been stated as under: