BHIKHIBEN AMBALAL CHANDULAL RANA Vs. STATE OF GUAJRAT

JUDGEMENT

(1.) Heard Mr. R.R. Shah, learned advocate and Mr. Pathan, learned advocate for petitioners and Mr. H.J. Shah, learned advocate for private respondent and Mr. Mehta, learned AGP.

(2.) Though different Petitioners have filed present petitions and though they have challenged different orders passed by the authorities in respect of different parcels of land, the petitions are heard together and decided by this common order because the learned advocates for the petitioners have challenged the orders on similar and common grounds and the private respondents as well as learned AGP have also made common submissions to oppose the petitions. The principal contention in all the petitions is common inasmuch as the petitioners have challenged the order essentially on 2 grounds viz. (i) the action against impugned sale transactions could not have been initiated after unreasonable delay; and (ii) Section 73(A) of Bombay Land Revenue Code (hereinafter referred to as the "Code") could not have been invoked and applied against the transactions executed by the petitioners.

(3.) So far as factual background involved in the petitions on hand is concerned, the parcels of land in respect of which dispute have arisen, are situate in different villages of erstwhile State of Rajpipala.