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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ANIRUDDHA P. MAYEE
Thakore Kapurji Mohanji – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
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| 1. factual background of the case regarding land ownership and subsequent dispute. (Para 1 , 2) |
| 2. arguments for petitioner focused on the delay in revisional action. (Para 3 , 4) |
| 3. court's reasoning emphasizes timeliness and fairness in legal disputes. (Para 6 , 7) |
JUDGMENT :
ANIRUDDHA P. MAYEE, J.
1. The present Special Civil Application impugns the order dated 15.12.2009 passed by the Collector, Banaskantha in suo motu revision under Rule 108(6) of the Gujarat Land Revenue Rules and confirmed by the Secretary (Appeals), Revenue Department in Revision No.4 of 2010 by order dated 20.06.2016.
2. The factual matrix in the present case is that, the petitioners have purchased the subject agricultural land from Mahadev Mulakpur Trust by registered sale deed dated 10.08.1987 after taking due permission from the Charity Commissioner, Ahmedabad. Pursuant to the said sale, revenue entry No.375 came to be mutated in favour of the petitioners in the revenue records and the said revenue entry also came to be certified on 21.12.1996. That the Collector, Banaskantha initiated suo motu proceedings No.8 of 2009 under Rule 108(6) of the Gujarat Land Revenue Rules on the ground that the
Authority must exercise revisional powers within a reasonable time to ensure legal rights are not unjustly compromised.
Revisional powers in land disputes must be exercised within a reasonable time; otherwise, established agricultural rights cannot be annulled.
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.
Suo motu revisional powers must be exercised within a reasonable period; delays result in the action being considered arbitrary and may infringe on established rights.
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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