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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, C.J., PRANAV TRIVEDI, J.
The State Of Gujarat & Ors. – Appellants
Versus
Hussainbhai Satarbhai Meman – Respondent
R/LETTERS PATENT APPEAL NO. 1825 of 2019 In R/SPECIAL CIVIL APPLICATION NO. 21151 of 2015 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2019 In R/LETTERS PATENT APPEAL NO. 1825 of 2019 With R/LETTERS PATENT APPEAL NO. 1512 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 13381 of 2013 With CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 1512 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 13381 of 2013 With R/CIVIL APPLICATION NO. 1036 of 2020 In R/LETTERS PATENT APPEAL NO. 1512 of 2024 With R/LETTERS PATENT APPEAL NO. 1463 of 2019 In R/SPECIAL CIVIL APPLICATION NO. 1989 of 2013 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2019 In R/LETTERS PATENT APPEAL NO. 1463 of 2019 In R/SPECIAL CIVIL APPLICATION NO. 1989 of 2013 With CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 1463 of 2019 In R/SPECIAL CIVIL APPLICATION NO. 1989 of 2013 With R/LETTERS PATENT APPEAL NO. 1513 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 12196 of 2015 With 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APPEAL NO. 1519 of 2024 With R/LETTERS PATENT APPEAL NO. 1521 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 13010 of 2012 With CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2019 In R/LETTERS PATENT APPEAL NO. 1521 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 13010 of 2012 With R/CIVIL APPLICATION NO. 237 of 2020 In R/LETTERS PATENT APPEAL NO. 1521 of 2024 With R/LETTERS PATENT APPEAL NO. 1524 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 13009 of 2012 With CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2019 In R/LETTERS PATENT APPEAL NO. 1524 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 13009 of 2012 With R/CIVIL APPLICATION NO. 238 of 2020 In R/LETTERS PATENT APPEAL NO. 1524 of 2024 With R/LETTERS PATENT APPEAL NO. 1526 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 13007 of 2012 With CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2019 In R/LETTERS PATENT APPEAL NO. 1526 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 13007 of 2012 With R/CIVIL APPLICATION NO. 152 of 2020 In R/LETTERS PATENT APPEAL NO. 1526 of 2024 With R/LETTERS PATENT APPEAL NO. 1528 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 8753 of 2013 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2019 In R/LETTERS PATENT APPEAL NO. 1528 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 8753 of 2013 With R/CIVIL APPLICATION NO. 4755 of 2019 In R/LETTERS PATENT APPEAL NO. 1528 of 2024 With R/LETTERS PATENT APPEAL NO. 1530 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2019 In R/LETTERS PATENT APPEAL NO. 1530 of 2024 With R/CIVIL APPLICATION NO. 4754 of 2019 In R/LETTERS PATENT APPEAL NO. 1530 of 2024
Decided on : 14-10-2024
JUDGMENT :
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. The Civil Applications filed by the applicants for condonation of delay in preferring the respective Letters Patent Appeals are condoned as the delay is explained to the satisfaction of the Court. The delay condonation applications are accordingly allowed. The office shall allot regular number to the concerned appeals.
2. In the present group of appeals, the common question that has arisen for consideration is about the validity of the proceedings under Section 75 of the Saurashtra Gharkhed, Tenancy Settlement and Agriculture Lands Ordinance, 1949 (in short the "Ordinance' 1949") initiated by the Collector for alleged breach of Section 54 of the Ordinance' 1949 against the petitioners at different points of time.
3. The original Writ petitions were filed in the year 2013 onward and most of the Writ petitions, in the bunch, are of the year 2019, which have been filed after dismissal of the revision filed by the petitioners before the Special Secretary (Appeals), Revenue Department (SSRD) thereby confirming the order passed by the Collector. The original order of eviction was passed by the Collector invoking the power under Section 75 of the Ordinance' 1949.
4. It may be noted that the proceedings under Section 75 of the Ordinance' 1949, were initiated with respect to the sale deeds executed as early as in the years 1975, 1987, 1989, 1990 onwards. From the chart prepared by Ms. Manisha Luvkumar, the learned Additional Advocate General in consultation with the learned counsel for the petitioners, it may be noted that with respect to the sale deeds executed in favour of the petitioners or their predecessor in interest, mutation entries were made and certified. For instance, in Writ petition being Special Civil Application No. 19405 of 2016, the Sale deed is dated 24.06.1975, the mutation entry was certified on 08.01.1986 and the show-cause notice under Section 75 of the Ordinance' 1949 was sent by the Deputy Collector on 26.07.1990. The Deputy Collector, thereafter, passed the order dated 24.09.1990 declaring the sale transaction in favour of the father of the original petitioner as not legal. The Collector has upheld the order of the Deputy Collector vide order dated 19.03.1991 and in revision, while passing the order dated 05.06.1991, the SSRD had directed to apply for the Certificate of agriculturist from the Deputy Collector. The Deputy Collector had not considered the application for grant of agriculturist certificate by passing the order dated 13.07.1992. The Collector further passed the order dated 25.09.1992 confirming the same. The SSRD, in its order dated 29.08.2016 in revision, had held that the original purchaser was an Ex-army man and under Section 54 of the Ordinance' 1949, he was required to produce evidence establishing his status as an agriculturst or a labourer.
5. In similar fashion, in another Writ petition, being Special Civil Application No.17180 of 2012, the date of the sale deed is 01.01.1993, mutation entry was certified on 03.07.1995. The show-cause notice was issued on 07.04.2005, on the premise that the factum of execution of the sale deed in violation of Section 54 of the Ordinance' 1949, came into light when RTS inspection was made on 01.03.2005. The Collector has passed the order thereafter on 27.10.2006 and the order of the SSRD is dated 17.12.2011.
6. The learned Single Judge while allowing the Writ petitions out of which the appeals in this group, have arisen, had primarily delved on the issue of delay and held that since the proceedings with the show-cause notice were initiated after a period of more than 3 years, which is a reasonable period for exercise of suo motu power considered by the Apex Court in State of Gujarat vs. Patel Raghav Natha, 1969 (2) SCC 187, followed by the Division Bench of this Court in Chandulal Gordhandas Ranodariya vs. State of Gujarat, 2013 (2) GLR 1788 and various other decisions subsequent thereto
The court ruled that summary eviction proceedings under the Saurashtra Gharkhed Ordinance must be initiated within a reasonable time, and transactions deemed invalid under Section 54 remain valid unt....
Revisionary powers must be exercised within a reasonable timeframe; actions taken after significant delays are deemed unjustifiable, preserving the validity of transactions during that period.
Revisional powers in land disputes must be exercised within a reasonable time; otherwise, established agricultural rights cannot be annulled.
Authority must exercise revisional powers within a reasonable time to ensure legal rights are not unjustly compromised.
The central legal point established in the judgment is that actions under the Gharkhed Ordinance must be initiated within a reasonable time, and the concept of reasonable time is crucial in determini....
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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