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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ANIRUDDHA P. MAYEE
State of Gujarat – Appellant
Versus
Gangaram Nolaji Khatik Deceased through Legal heirs – Respondent
ORDER :
ANIRUDDHA P. MAYEE, J.
1. Heard the learned AGP Mr.Jay Barot appearing for the petitioners.
2. By the present writ petition, the petitioners are challenging the order dated 20.10.2014 passed in Revision Application No. TEN/B/95/05 by the Gujarat Revenue Tribunal, whereby the said Revision Application has been dismissed.
3. The learned AGP, Mr. Jay Barot appearing for the petitioners submits that the impugned order has been passed on two grounds: first, that the suo motu revision proceedings have been taken up after a long period of time; and secondly, that in view of the judgment of the Division Bench of this Court in Letters Patent Appeal No.602 of 2011 dated 08.08.2011, the respondent No.1 has the status of an agriculturist in the State of Rajasthan, and in view of the judgment of this Court, the petitioner is to be considered as an agriculturist for all purposes.
3. The learned AGP submits that the judgment in Letters Patent Appeal No.602 of 2011 dated 08.08.2011 relies upon the Full Bench judgment of this Court in the case of Preethisingh Mukandsingh Shikh vs. State of Gujarat reported in 2012 (2) GLR 1608 . He submits that the said Full Bench judgment has been challenged
Agriculturists from other states are recognized under Gujarat Tenancy Act; delay beyond reasonable period for revising agriculturist status renders proceedings void.
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.
Authority must exercise revisional powers within a reasonable time to ensure legal rights are not unjustly compromised.
The delay of 11 years in exercising suo motu powers renders such actions arbitrary, violating established legal rights under registered sale deeds.
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.
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