MUSTUFAKHAN R. PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed under Articles 226 and 227 of the Constitution of India, interalia, with a prayer to quash and set aside the order dated 07.08.1991/11.10.1991, passed by the Principal Secretary, Revenue Department, (Respondent No.1), in Revision Application No.SSRD/AMDREV/491, in exercise of power under Section211 of the Bombay Land Revenue Code, 1879 ("the Code", for short), whereby the order dated 21.12.1984, passed by the Special Recovery Officer, has been set aside.

(2.) A Brief Factual Background Of The Case Would Be necessary in order to understand the issues involved in the petition.

(3.) Mr.I.H.Syed, learned counsel appearing for Mr.Y.H.Motiramani, learned advocate for the petitioners, has submitted that there is a gross delay of almost seven years in exercising suo motu powers of revision by respondent No.1. Such a long delay is not a reasonable one. The power under Section211 of the Code has to be exercised within a reasonable period of time, as has been held by the Supreme Court and this Court in a catena of judgments.