UMEDBHAI RAIMALBHAI SUTHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition has been preferred by four persons who are the legal heirs of one Shri Raimal Mula Suthar, who is stated to have expired sometime in April,1971. The challenge is to the order dated 22. 02. 2000 made by respondent No. 1 whereunder order dated 10. 12. 1994 made by respondent No. 2, order dated 30. 11. 1976 made by respondent No. 3 and order dated 08. 06. 1971 made by respondent No. 4 have been upheld.

(2.) IT is the case of the petitioners that deceased Raimal Mula Suthar was holding land bearing Survey Nos. 1126,1381/2 and 1415 as an owner since 29. 03. 1969 at the time of promulgation. That despite such a position, on 8/6/1971 respondent No. 4 declared the said lands as pasayat land and further ordered to pay occupancy price stated therein before 28/6/1971. That no notice of the proposed action was ever received by the petitioners and the petitioners were not even aware about the said order made by respondent No. 4. The action of respondent No. 4 was confirmed by respondent No. 3 on 30/11/1976 by passing an exparte order whereunder land in question was ordered to be confiscated by declaring the same as khalsa on the ground that the occupancy price was not paid.

(3.) RESPONDENT No. 2 rejected the Revision Appeal on the ground of delay without considering the contentions raised by the petitioners, including non observance of principles of natural justice and lack of opportunity. Respondent No. 1 also rejected Revision Application by passing the impugned order on the ground that once the occupancy price had not been paid and the land had been confiscated the appeal was rightly dismissed as being barred by limitation.