RADHESHYAM JAYANTILAL SADHU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Article 227 of the Constitution of India, the applicants have prayed for the following reliefs:

(2.) The applicants are here before this Court against the concurrent findings of fact recorded by the three revenue authorities. The dispute pertains to the mutation of an entry bearing no.1343, dated 25/04/1972. The original owner of land bearing block No.40 situated at Village-Muthiya, Taluka Dascroi, District-Ahmedabad was one Jayantibhai Sitaram i.e. the father of the applicants herein. It appears that by virtue of some oral statement made before the revenue authorities, the parcels of the land came to be partitioned and the entire block no.40 went to the share of one Damodarbhai Prahladbhai. Damodar Prahladbhai happens to be the son of uncle of Jayantibhai Sitaram. Jayantibhai Sadhu passed away in the year 1978. For the first time, the applicants being the son of Jayantibhai Sadhu filed an appeal before the Deputy Collector, Viramgam questioning the legality and validity of the entry No.1343. The Deputy Collector, Viramgam declined to entertain the appeal solely on the ground of gross and inordinate delay of 34 years in questioning the entry. The appeal came to be dismissed by the Deputy Collector vide order, dated 13/06/2007 as hopelessly time barred.

(3.) The applicants being dissatisfied with the order passed by the Deputy Collector, preferred a revision application before the Collector, Ahmedabad. The Collector, Ahmedabad by its order dated 09/05/2008 rejected the revision application and affirmed the order passed by the Deputy Collector.