HUSSAINBHAI SATARBHAI MEMAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed the petitioner under Articles 14, 19, 21, 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 order passed in Revision Application No. 47/2011 by the Secretary (Appeals), Revenue Department, Ahmedabad dated 30.9.2015 (at Annexure-H) confirming the order passed in R.O./Gharkhed Case No. 46/2006-07 by the Collector, Bhavnagar dated 31.12.2010 (at Annexure-F) on the grounds stated in the memo of petition.

(2.) It is contended that the order passed in Revision Application by the authority is illegal, improper and not sustainable. Therefore the suo motu exercise of powers and / or the order passed by the Respondent Authority or the Secretary (Appeals), Revenue Department beyond a reasonable time is bad in law. It has been further emphasized that such exercise of suo motu 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 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 brief facts of the case briefly summarized are that the petitioner is said to have purchased the agricultural land at village Gariadhar, Mouje Mandvi from one Jivrajbhai Punabhai Mer by registered sale deed dated 24.6.2002 and the entry no. 1316 was mutated. However, on verification and the report, the Mamlatdar reported that such transaction was in breach of Section 54 of the Ordinance Act as the petitioner was not an agriculturist which led to the notice and thereafter the aforesaid R.O./Gharkhed Case No.46/2006-07 culminating into the impugned order passed by the Secretary (Appeals), Revenue Department, Ahmedbaad in Revision Application No. 47/2011 dated 30.9.2015.