GHANCHI MOHAMMAD HUSAIN AKBARBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Full Bench has been constituted under the order dtd. 24/12/2025 passed by Hon'ble the Chief Justice on the administrative side to answer the reference made by the learned Single Judge of this Court in the judgment and order dtd. 18/4/2019 passed in the connected Special Civil Application No.10759 of 2011.

(2.) The learned Single Bench therein was faced with the question as regards the jurisdiction of the Collector to take the order passed by the Deputy Collector in a suo motu revisional exercise of his powers under Sec. 211 of the Bombay Land Revenue Code, 1879 (Gujarat Land Revenue Code, 1879) (In short 'the Code, 1879'), as it was argued therein that since the Deputy Collector had adjudicated the claim under Sec. 37(2) of the Code, 1879, it exercised the powers of the Collector only and, in such circumstances, the Collector cannot sit in revision (suo-motu) of his own order.

(3.) Reliance was placed before the learned Single Judge on the decision of the Division Bench of this Court in Hussainbhai Joyebhai Bharmal v. Collector in a Letters Patent Appeal No.660 of 2011 (arising out of Special Civil Application No.4758 of 2010) decided on 9/9/2011. The Division Bench therein has proceeded on the footing that the powers of the Collector being delegated to the Deputy Collector under Sec. 10 of the Revenue Code, such powers having been exercised by the Deputy Collector, in substance, being those of the Collector himself, the Collector has no jurisdiction to correct in an appeal or revision. The learned Single Judge disagreeing with the said opinion, has referred the matter to the Full Bench, to be constituted by the Hon'ble the Chief Justice.