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NIRZAR S. DESAI
Aambabhai Rajabhai Bharwad – Appellant
Versus
State Of Gujarat Thro The Secretary – Respondent
JUDGMENT :
1. By way of this petition, the petitioner has prayed for quashing and setting aside the order dated 24.8.2011 passed by the Additional Secretary, Revenue Department (Appeals) Ahmedabad in Revision No.MVV/HKP/Bhavan/13 of 2006 as well as order dated 24.7.2006 passed by the Collector, Bhavnagar in R.O./Entry Revision Case/25/02-03.
2. Heard learned advocate Mr. Kunal Shah for learned advocate Mr. B.A. Surti appearing for the petitioner and learned Assistant Government Pleader Ms. Nirali Sarda appearing for the respondents No.1 to 4.
3. In this petition, notice was issued vide order dated 18.1.2012 and thereafter, vide order dated 27.8.2013, rule was issued and impugned order and proceedings were stayed pending final disposal of this petition.
4. Brief facts giving rise to the filing of present petition are states as under :-
4.1 That the name of one Mr. Dhangar Bhagwangar was reflecting in the village Form No.6 in respect of agricultural land bearing Survey No.103 and 104, Mouje Pipardi Gam, Taluka Botad, District Bhavnagar admeasuring Hec.Are.Sq.meters 3-49-04 vide Entry No.45 dated 25.4.1957. Thereafter, the aforesaid land was purchased by the petitioner on 1.5.1972 from Dha
The exercise of revisional powers beyond a reasonable period can render the orders unjust, improper, and illegal.
Point of Law : where the legislature does not provide for any length of time within which the power of revision is to be exercised by the authority, suo motu or otherwise, it is plain that exercise o....
The main legal point established in the judgment is the interpretation and application of Section 65 of the Gujarat Land Revenue Code, 1879 in the context of a land dispute.
Revenue authorities must continue with mutation proceedings irrespective of civil disputes, as entries in records do not determine title but are essential for fiscal purposes.
The court affirmed that a revision petition under the ROR Act can be filed without a time limit, emphasizing the need for a fresh enquiry into land ownership claims, especially in cases of alleged fr....
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