Back
HIGH COURT OF GUJARAT
HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL, HONOURABLE MR. JUSTICE PRANAV TRIVEDI
THE STATE OF GUJARAT – Appellant
Versus
HUSSAINBHAI SATARBHAI MEMAN – Respondent
The court has emphasized that the concept of a "reasonable time" for initiating proceedings or exercising statutory powers depends on the facts and circumstances of each case. It is determined by considering the nature of the transaction, the period of inaction, the extent to which rights or interests have been altered or settled during the delay, and whether the delay is justified or unexplained. The court has consistently held that, in the absence of a specific statutory limitation, the power must be exercised within a period that is not excessively long, and that a delay of several years or decades can be deemed unreasonable, especially when the rights of third parties or the integrity of settled transactions are involved. The overarching principle is that the exercise of such powers must be timely to prevent undue prejudice, and a delay that is not justified or is excessively long can render the exercise of such powers invalid or unjustifiable.
CAV JUDGMENT
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. The Civil Applications filed by the applicants for condonation of delay in preferring the respective Letters Patent Appeals are condoned as the delay is explained to the satisfaction of the Court. The delay condonation applications are accordingly allowed. The office shall allot regular number to the concerned appeals.
2. In the present group of appeals, the common question that has arisen for consideration is about the validity of the proceedings under Section 75 of the Saurashtra Gharkhed, Tenancy Settlement and Agriculture Lands Ordinance, 1949 (in short the "Ordinance' 1949") initiated by the Collector for alleged breach of Section 54 of the Ordinance' 1949 against the petitioners at different points of time.
3. The original Writ petitions were filed in the year 2013 onward and most of the Writ petitions, in the bunch, are of the year 2019, which have been filed after dismissal of the revision filed by the petitioners before the Special Secretary (Appeals), Revenue Department (SSRD) thereby confirming the order passed by the Collector. The original order of eviction was passed by the Collector invokin
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
