SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1993 Supreme(Guj) 377

Gujarat High Court
Judgename :A.N.Divecha
BHANABHAI MORARBHAI SOLANKI - Appellant
Versus
STATE - Respondent
S.C.A.7210 of 1989
Decided On : 09/22/1993

Advocates Appeared: A.J.PATEL, D.N.Patel

Headnote:Bombay Tenancy & Agricultural Lands Act, 1948 - Ss. 63, 83 A & 84C - Cancellation of mutation entry - Order in exercise of suo motu revisional powers - Held, Revisional powers have to be exercised within a period of one year from date of impugned order - Proceeding could be initiated under S. 84C for violation of S. 83 A but that have to be initiated within reasonable time - In the instant case agreement entered into on 15.5.78 and mutated on 15.7.78 - Entry certified on 17.8.79 - Proceeding are initiated after a period of five years in 1984 - Order cancellation of entry after such a long delay cannot be allowed - Impugned order set aside.

       The transaction between the parties was entered into on 15th May 1978 and it was mutated in the revenue records in the petitioners name on 15th July 1978 and that entry was certified by the competent officer on 17th August 1979. The proceedings for its cancellation were initiated more than five years thereafter some time in 1984. It appears that the powers exercised by the first authority were suo motu revisional powers for cancellation of the entry though at the instance of respondent No. 1.

       [Para 3]

       It is a settled principle of law that suo motu revisional powers have to be exercised within reasonable time in view of the binding ruling of the Supreme Court in the case of State of Gujarat vs. Patel Raghav Natha reported in (1969) 10 Gujarat Law Reporter at page 992. Following the aforesaid ruling of the Supreme Court in the case of Patel Raghav Natha (supra), the Division Bench of this Court in its ruling in the case of Bhagwanji Bawanji Patel vs. State of Gujarat reported in (1971) 12 Gujarat Law Reporterat page 156 held that such revisional powers have to be exercised within a period of one year from the date of the impugned order. It is true that both the aforesaid rulings were pertaining to section 211 of the Code. The principle therein will have to be held applicable to exercise of revisional powers for cancellation of any mutation entry on the ground that the sale transaction reflected therein was in contravention of any provision of the Act or any other enactment.

       [Para 4]

       Besides, sale of a parcel of agricultural land if made in contravention of any provision of the Act can be declared invalid in view of section 83-A of the Act and the necessary proceedings can be initiated under section 84-C thereof. In its ruling in the case of Bhaniben Makanbhai Tandel vs. State of Gujarat reported in AIR 1991 Gujarat at page 184, this court has held that the initiation of the proceedings under section 84-C of the Act has to be made within reasonable time and if such proceedings are taken after five years or so they cannot be said to be taken within reasonable time.

       [Para 5]

       In view of discussion, I am of the opinion that the impugned order at Annexure-C to this petition as affirmed in appeal and in revision by the impugned orders at Annexures-D and E respectively to this petition cannot be sustained in law. It has to be quashed and set aside.

       [Para 6]

DIVECHA, J.

( 1 ) THE order passed by the Dy. Collector at Valsad (the first authority for convenience) on 12/09/1984 in R. T. S. Revision no. 17 of 1984 as affirmed in appeal by the Collector at Valsad on 2 8/05/1985 in R. T. S. Appeal No. 7 of 1984 as affirmed in revision by the Special Secretary, Revenue Department at Ahmedabad on 27/04/1989 in Revision Application No. 302 of 1985 is under challenge in this petition under Art. 227 of the Constitution of India. By the impugned order, the Dy. Collector at Valsad declared the sale in respect of the land bearing survey No. 81 admeasuring 9 Acres 12 Gunthas situated in village tanachhia, taluka Dharampur. district Valsad (the disputed land for convenience) entered into between the petitioner and respondent No. 1 to be illegal and invalid.

( 2 ) THE facts giving rise to this petition are not many and not much in dispute. The disputed land originally belonged to respondent No. 1. The petitioner purchased it from him by a registered sale deed executed on 15/05/1978. The necessary mutation entry in the revenue records with respect thereto was posted on 15/09/1978 and was certified by the competent officer on 17/08/1979. It appears that more than five years thereafter respondent No. 1 made one application to the first authority for cancellation of the said mutation entry made in favour of the present petitioner in the revenue records pertaining to the disputed land. Thereupon the first authority undertook an inquiry in that regard. The proceedings came to be registered as R. T. S. Revision No. 17 of 1984. Thereupon the necessary show cause notice was issued some time in June or July, 1984. la the course of inquiry, the first authority found the sale transaction between the petitioner and respondent No. 1 with respect to the disputed land to be in contravention of Sec. 63 of the Bombay Tenancy and Agricultural Lands Act, 1948 (the Act for brief ). In that view of the matter, by his order passed on 12/09/1984 in R. T. S. Revision no. 17 of 1984, the first authority ordered cancellation of the said mutation entry. Its copy is at Annexure c to this petition. The aggrieved petitioner carried the matter in appeal before the Collector at Valsad. His appeal came to be registered as R. T. S. Appeal No. 7 of 1984. After hearing the parties, by his order passed on 28/05/1985 in R. T. S. Appeal No. 7 of 1984, the Collector at Valsad dismissed it. Its copy is at Aanexure d to this petition. The aggrieved petitioner thereupon invoked the revisional jurisdiction of the State Government under Sec. 211 of the Bombay Lands Revenue Code, 1879 (the Code for brief) through the Special Secretary, Revenue Department at Ahmedabad. His revisional application came to be registered as Revision Application No. 302 of 1985. After hearing the parties, by his order passed on 27/04/1989, the revisional authority rejected it. Its copy is at Annexure e to this petition. The aggrieved petitioner has thereupon invoked the extraordinary jurisdiction of this Court under Art. 227 of the Constitution of India for questioning the legality of the impugned order at Annexure a to this petition as affirmed in appeal and in revision by the impugned orders at Annexures d and e respectively to this petition.

( 3 ) THE aforesaid narration of facts makes it clear that the transaction between the parties was entered into on 15/05/1978 and it was mutated in the revenue records in the petitioners name on 15/07/1978 and that entry was certified by the competent officer on 17/08/1979. Tne proceedings for its cancellation were initiated more than five years thereafter some time in 1984. It appears that the powers exercised by the first authority were suo motu revisional powers for cancellation of the entry though at the instance of respondent No. 1.

( 4 ) IT is a settled principle of law that suo motu revisional powers have to be exercised within reasonable time in view of the binding ruling of the Supreme Court in the case of State of Guj













Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top