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NIRAL R. MEHTA
Heirs of Chanabhai Govindbhai Patel – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner has called in question the legality and validity of the order dated 24th December, 2013 passed by Deputy Collector, order dated 28th November, 2017 passed by Collector as well as order dated 15 th/21st February, 2019 passed by Special Secretary, Revenue Department, whereby application for condonation of delay of 20 years in challenging Entry No.1852 dated 10th April, 1992 came to be rejected.
2. Facts of the case can be stated as under.
2.1 Father of the petitioner – Chanabhai Govindbhai Patel was the original owner of the land bearing Old Survey No.471 admeasuring about 40,600 Sq. Mtrs. Of land situated at Vesu, Taluka & District Surat. Father of the petitioner expired on 09th April, 1992, however before that, father of the petitioner has executed a Will dated 02nd November, 1991 in favour of respondent Nos.6 and 7 bequeathing the aforesaid land. Pursuant to the said Will, Entry No.1852 came to be mutated in the revenue records on 10th April, 1992.
2.2 As it appears that petitioner has filed Special Civil Suit No.47 of 2004 before Civil Court, Surat against the present respondent
Suppression of material facts impedes a party's ability to seek relief under prerogative jurisdiction, affecting the integrity of legal proceedings.
The importance of justifying delays in approaching authorities and the significance of concurrent findings of facts in land dispute cases.
The exercise of discretion by revenue authorities must be in line with statutory provisions, and revenue entries are subject to the outcome of civil proceedings.
It is well settled that where no time limit is specified, whatever is required to be done should be within a reasonable period.
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