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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S.KARIEL
Legal Heirs of Deceased Patel Narshibhai Khimabhai, Patel Ratilal Narshibhai – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
NIKHIL S. KARIEL, J.
1. Heard learned advocate Mr. Manan K. Paneri for the petitioner and learned AGP Mr. J.K. Shah for the respondent No.1 – State.
2. By way of this petition, the petitioner challenges an order passed by the SSRD dated 26.12.2024, whereby the SSRD has rejected the application for condonation of delay.
3. It would appear in this regard that the petitioner had challenged order passed by the Deputy Collector, Dhrangadhra, dated 24.12.1990 under the provisions of the Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947, before the SSRD after a delay of approximately 33 years and since the Revisional Authority was of the opinion that the delay has not been sufficiently explained, the application for condonation of delay had been rejected.
4. The issue in question is with regard to land bearing Survey No.360 – New Survey No.609 situated at village: Jasmatpur, Ta. Dhrangadhra, Dist. Surendranagar. It appears that the land was originally admeasuring 5 Acres and 13 Gunthas and was owned by the father of the respondent No.3 herein and whereas by way of family settlement, the land had been divided into four portions i.e. 1.30 / 1.31 Acres in favo
The court ruled that the limitation period for challenging an administrative order starts from the date of knowledge and not from the date of order; delay of 33 years without adequate justification c....
Actions under the Fragmentation Act initiated after an unreasonable delay of 8 years are invalid, and contiguous land purchases constitute consolidation.
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....
Point of Law : Powers under Article 227 of the Constitution of India to interfere with a finding within the jurisdiction of inferior tribunal except where the findings are perverse and not based on a....
Point of Law : It is well settled proposition of law that existence of sufficient cause is sine quo non, for condonation of delay. In absence of being any finding that cause shown is sufficient delay....
Point of Law : If there was any technical violation of the rules of natural justice, that was not a ground for interference, as such interference would result in resurrection of an illegal, nay, void....
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