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2022 Supreme(Guj) 1114

A. Y. KOGJE
Prahladbhai Dahyabhai Soni – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Petitioners: Mr. Mehul Sharad Shah.
For the Respondents: Dev D. Patel, Mr. Jayneel Parikh, A.G.P.

JUDGMENT :

1. RULE. Learned Assistant Government Pleader waives service of rule on behalf of the respondent Nos.1 and 2.

2. This petition under Article-226 of the Constitution of India is filed challenging the order of the Secretary, Revenue Department (Appeals) dated 09/19.02.2018 in Revision Application No.59 of 2016. By the aforesaid order, the Secretary had confirmed the order of the District Collector, Banaskantha in Suo-Motu/Revision Case No.343 of 2015.

3. The issue pertains to Revenue Entry No.560 dated 15-01-1984, which was called in Suo-Motu Revision in exercise of powers under Rule- 108(6) of the Gujarat Land Revenue Rules.

4. Learned Advocate for the petitioners, at the outset, has raised contention of gross delay in issuing Show Cause Notice in the year 2015 in connection with Entry No.560, which was posted in the year 1984. Show Cause Notice had called upon the petitioners to answer that aforesaid entry was posted illegally on the basis of Sale-deed in connection with an agricultural land, where the petitioners were not agriculturist.

5. Learned Advocate for the petitioners also submitted that Entry in question No.560 was made after following due procedure like recordi

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