DHANRAJBHAI GOVINDRAM KELLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed the petitioners under Articles 14, 19, 226 and 227 of the Constitution of India and also under the Saurashtra Gharkhed Tenancy Settlement and Agricultural Lands Ordinance Act 1949 (hereinafter referred to as "the Ordinance Act of 1949") as well as under the provisions of the Bombay Land Revenue Code, for the prayer as prayed for inter alia that appropriate writ, order or direction may be issued quashing and setting aside the impugned notice issued by the Deputy Collector dated 10.8.2017 (at Annexure-A), for the reasons stated in the memo of petition.

(2.) It is contended that the notice issued by the authority is illegal, improper and not sustainable. Therefore the order passed by the Respondent Authority beyond a reasonable time is bad in law. It has been further emphasized that such exercise of powers has to be within a reasonable period of time as settled by the judgment of the Hon'ble Apex Court in case of State of Gujarat v. Patel Raghav Natha reported in (1969) 2 SCC 187 and thereafter in catena of judicial pronouncements including the judgment in case of Chandulal Gordhandas Ranodriya & Ors. v. State of Gujarat & Ors. reported in (2013) 2 GLR 1788

(3.) The facts of the case briefly summarized are that the Respondent No.3 - Deputy Collector, Vadhwan initiated the proceedings under Section 54 of the Ordinance Act vide the aforesaid impugned notice. However, the land in question is transferred in favour of the third party after it was convedrted into NA by the District Panchayat, Surendranagar vide order dated 13.5.1992 (at Annexure-E). The petitioners - the successors have got it converted and thereafter it has been further transferred. Therefore, the transaction which has taken place in 1991 are sought to be examined by the impugned notice in 2017 which has led to the present petition.