MANGALBHAI ISHWARBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition under Articles 226 and 227 of the Constitution of India, the petitioners have prayed for issuance of appropriate writ, order or direction for quashing and setting aside the impugned orders at Annexures 'H' and 'I' hereto and consequently restoring the order at Annexure 'B' hereto.

(2.) Brief facts giving rise to the present petition are as under :

(3.) Learned advocate Mr. A.J. Patel appearing for the petitioners submits that the Collector committed an error in initiating proceedings under Section 211 of the Code after a lapse of more than three years from the date of order passed by the Deputy Collector and therefore, the impugned orders are contrary to the law laid down by the Hon'ble Supreme Court and this Hon'ble Court in several cases. It is submitted that initiation of proceedings under Section 211 of the Code after a lapse of more than 03 years is arbitrary, discriminatory and violative of the petitioners' fundamental rights guaranteed under Article 14 of the Constitution of India and therefore, the impugned order is liable to be quashed and set aside. It is further submitted that the authorities below committed an error in properly appreciating the law laid down by the Hon'ble Supreme Court in its decision reported in AIR 1992 SC 111 to the effect that even void orders are required to be challenged within a reasonable time. It is further submitted that the mutation entry based on the order passed by the Deputy Collector at Annexure-B in respect of the substantive rights of the parties could have been cancelled after a lapse of more than 03 years, when the land in question has undergone many metamorphosis and the petitioners have acted to their prejudice. The impugned orders are, therefore, arbitrary, discriminatory and violative of petitioners' fundamental rights guaranteed under the Article 14 of the Constitution of India.