LAWS(GJH)-2018-12-155

MANSUKH RANABHAI VADHERA Vs. STATE OF GUJARAT

Decided On December 04, 2018
Mansukh Ranabhai Vadhera Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The present petitions have been filed by the petitioners under Articles 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") for the prayer as prayed for inter alia that propriate writ, order or direction may be issued quashing and setting aside the impugned order passed in Revision Application No. MVV/HKP/Janadh 33/2017 by the Secretary peals), Revenue Department, Ahmedabad dated 10.8.2017 (at Annexure-A) and also the order passed in Land/4/Gharkhed-54/Reg. No. 1-16/17 dated 2.1.2017 by the Collector, Junagadh (at Annexure-B) on the grounds stated in the memo of petition.

(2.) It is contended that the order passed in Revision by the Secretary (Appeals) is arbitrary and illegal. Similarly, it has been contended that exercise of power has to be within a reasonable period of time as observed by 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 of the Hon'ble Division Bench in case of Chandulal Gordhandas Ranodriya & Ors. v. State of Gujarat & Ors. reported in (2013) 2 GLR 1788.

(3.) The petitioners are the sons of the purchaser and the brother of the other petitioners who have filed the aforesaid SCA 17966/2017.