Point of Law: It is well settled that where no time limit is specified, whatever is required to be done should be within a reasonable period.

ORDER :

1. This petition under Article 226 of the Constitution of India is filed for the purpose of seeking the following reliefs :“

13(A) Be pleased to admit and allow this Special Civil Application;

(B) Be pleased to issue the writ of certiorari/mandamus or any other appropriate writ, order or direction and be pleased to quash and set aside the impugned order dated 16.03.2018 passed by the learned Secretary, Revenue Department, (Dispute), Ahmedabad in Revision Application no. MVV/JMN/SNR/ 37 of 2017 at AnnexureA in the interest of justice.

(C ) Pending admission, hearing and final disposal of this petition, be pleased to stay the execution, operation and implementation of the order, impugned order dated 16.03.2018 passed by the learned Secretary, Revenue Department (Dispute), Ahmedabad in Revision Application No. MVV/JMN/SNR/ 37 of 2017 at AnnexureA in the interest of justice.

(D) Be pleased to grant such other and further relief that may be deemed fit and proper in the facts and circumstances of the case.”

2. It is the case of the petitioners that the father of the petitioners was alloted land in question in Village Santhva, way back in the year 1964 and by virtue of such allotment, the father was expected to pay revenue to the extent of 6 pattas. It is submitted that to the unfortunate of the petitioners, the father appears to have committed default in making such payment. As a result of this, having come to know about this land and the action by the respondent authority, the petitioners have filed an application before the Collector, Surendrangar by way of Land Dispute Case No. 54/201415. The said proceedings were examined by the Collector, District Surendranagar, whereby the appeal came to be rejected mainly on the ground that there is gross delay in approaching the authority. It has been noted by the Collector that almost after a period of 4950 years, such delay proceedings have been submitted to challenge the order of the Deputy Collector passed way back in the year 1966. According to the petitioners, the revisional authority also confirmed the order passed by the Collector mainly on the same ground and rejected Revision Application no. 37/2017 vide order dated 16.03.2018 and it is these orders concurrent in nature are made the subject matter of the present petition under Articles 226 and 227 of the Constitution of India.

3. Mr. M. B. Rana, learned advocate appearing for the petitioners, has submitted that these petitioners are the rustic villagers, are not aware of the proceedings minutely and as and when such fact came within the knowledge of the petitioners have rushed in time. They have approached the Collector for assailing the order and, therefore, when the appeal is to be considered, the authority is expected to apply the principle that the said delay is to be considered from the date of the knowledge and as such, both the authorities have concurrently held against the petitioners substantially on the ground that there is a gross delay of 49 years. Learned advocate Mr. Rana has submitted that the petitioners are ready and willing to pay the said patta amount if left out by the father and, therefore, due consideration be given to the case of the petitioners. It is submitted that the father unfortunately had not taken any steps either to pay patta amount or request for extension of time and as such, the mistake bona fide in nature by the villagers may not be utilized as lever to discard the legitimate claim of the petitioners. It is submitted that both the authorities have concurrently held that there is a gross delay and as such, though several decisions have been relied upon, the same have not been dealt with in proper perspective and rather adopted the casual way to dispose of the petition. That being the position, learned advocate Mr. Rana has requested to grant the reliefs as prayed for in the petition. No other submissions have been made.

4. As against this on an advance copy Mr. Krutik Parikh, learned Assistant