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PARTH PRATEEM SAHU
Shree Kalp Agri Farm Pvt. Ltd – Appellant
Versus
State of Chhattisgarh Through Collector Mahasamund, District Mahasamund, Chhattisgarh – Respondent
ORDER :
1. All the writ petitions are heard and decided together by this common order as the similar question is involved in these petitions, as to whether the Collector is justified in registering suo-moto revision in the year 2022 with regard to transaction of the year 2011.
2. Facts relevant for disposal of these petitions are that petitioners came in possession of the subject land pursuant to purchase of land by them from the private respondents through registered sale deed. Collector registered a suo moto revision in exercise of power under Section 50 of the Code of 1959 and issued show cause notice to the petitioners. Petitioners caused their appearance in the suo motu revision proceeding, submitted an application raising objections with regard to maintainability of the revision mentioning therein that the subject land of suo moto revision was registered in the name of private persons in the revenue records to which they purchased through registered sale-deed in the year 2011, 2012 and 2013 respectively. After purchase of the lands, lands were mutated in their name and thereafter, the petitioners have sold the land to Jindal Steel & Power Limited. In view of the provision under
Suo motu revisional powers must be exercised within a reasonable period; delays result in the action being considered arbitrary and may infringe on established rights.
The court ruled that delayed administrative actions undermining property rights must be resolved through civil courts, emphasizing the importance of timely legal recourse.
The main legal point established in the judgment is the limitation period for exercising suo-motu revisional power and the validity of a sale deed executed without permission from the Collector.
Authority must exercise revisional powers within a reasonable time to ensure legal rights are not unjustly compromised.
The delay of 11 years in exercising suo motu powers renders such actions arbitrary, violating established legal rights under registered sale deeds.
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