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2024 Supreme(Guj) 2241

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, PRANAV TRIVEDI
Chandubhai Govindbhai Patel – Appellant
Versus
Deputy Collector – Respondent


Advocates Appeared:
For the Appellant : SUO MOTU
For the Respondent:MR KAMAL TRIVEDI, ADVOCATE GENERAL with MR VINAY VISHEN, AGP

Table of Content
1. need for guidance (Para 1)
2. delay in suo motu (Para 2 , 3)
3. suo motu powers (Para 4 , 5 , 6 , 7 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23)
4. reasonable time (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15)
5. reference answered (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39)

JUDGMENT :

1. This civil reference has come up before this Bench on a reference made by the learned Single Judge as per the provisions of Rule 5(1) of the Gujarat High Court Rules, 1993 (in short as 'the High Court Rules'), with the reasons in the referral order that an authoritative pronouncement to provide a guidance to the subordinate authorities as to what would be a reasonable time in a given case for exercise of suo motu power, is needed.

3. The argument of the learned counsel for the petitioner therein was that if the delay of 27 years in exercise of suo motu power is not taken to be unreasonable time, somebody may come after 100 years and say that he be conferred rights under Section 32 of the Gujarat Tenancy and Agricultural Lands Act, 1948 and the possession be restored to him. In light of these arguments, it was opined by the learned Single Judge that the

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