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SUNITA AGARWAL, PRANAV TRIVEDI
State Of Gujarat – Appellant
Versus
Hussainbhai Satarbhai Meman – Respondent
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 t
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.
The power to initiate proceedings under Section 9 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 is subject to the principles of natural justice and the requirement....
Agriculturists from other states are recognized under Gujarat Tenancy Act; delay beyond reasonable period for revising agriculturist status renders proceedings void.
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