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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
DIVYESH A.JOSHI
Koli Parshottambhai Narsinhbhai – Appellant
Versus
State Of Gujarat Thro Secretary (Appeals) – Respondent
| Table of Content |
|---|
| 1. background facts of land ownership and disputes (Para 2) |
| 2. arguments against the impugned orders (Para 3 , 4 , 5 , 6 , 9 , 10 , 11 , 12) |
| 3. analysis of delay and procedural sustainability (Para 14 , 15 , 16 , 17 , 18) |
| 4. principles regarding delay in statutory powers (Para 21) |
| 5. court's decision and final order (Para 22 , 23 , 24 , 25) |
JUDGMENT :
DIVYESH A. JOSHI, J.
1. By this writ application under Article 226 of the Constitution of India, the writ applicants have called in question the legality and validity of the order dated 30.05.2012 passed by the Special Secretary (Appeals), Revenue Department, Polytechnic, Ahmedabad in Revision Application No.MVV/JMN/SNR 76-2008.
2. Facts, in brief, giving rise to the filing of the present application may be summarized as under;
2.1 On 30.01.1968, the land bearing Survey No.59/paiki/1 Moje Ghanshyampur, Taluka: Limbdi, District: Surendranagar was recorded in the name of one Raja Bechar as the measurement register was made applicable in the village: Ghanshyampur.
2.2 On 20.09.1991, the names of legal heirs and representatives of Raja Bechar were recorded in the revenue record upon the sad demise of Raja Bechar.
2.3 On 19.03.1990, t
The delay of 11 years in exercising suo motu powers renders such actions arbitrary, violating established legal rights under registered sale deeds.
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.
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.
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