Gujarat High Court
Lh Of Late Patel Shivahai ... vs State Of Gujarat on 12 December, 2022
Bench: A.Y. Kogje
C/SCA/21514/2022 ORDER DATED: 12/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 21514 of 2022
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LH OF LATE PATEL SHIVAHAI NATHABHAI LHS OF LATE VITTHALBHAI
SHIVABHAI PATEL MANISHKUMAR VITTHALBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR DHARMESH C GURJAR(5170) for the Petitioner(s) No. 1
REKHABEN C GURJAR(7360) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3,4,5
MR. HARDIK SONI, AGP, for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 12/12/2022
ORAL ORDER
[1] This petition is filed by the petitioner for following reliefs:-
"(B) Your Lordships may be pleased to quash and set aside
the order dtd. 16/6/2022 passed by Resp. No.2, Gujarat
Revenue Tribunal, Ahmedabad, in the larger interest of
justice.
(C) Your Lordships may be pleased to issue sufficient direction
and/or order upon the concerned authority to declare present
petitioner as Ganotiya, in the larger interest of justice."
[2] The case of the petitioner has been rejected by the revenue
authorities by concurrent finding regarding the facts on merits as
well as on the ground of delay of more than 20 years.
[3] Learned advocate for the petitioner, even from the pleadings
before this Court as well as the arguments made before this Court,
is unable to make out a proper case for condoning the delay of 40
C/SCA/21514/2022 ORDER DATED: 12/12/2022
years. Moreover, if the original proceedings taken out by the
petitioner belatedly though are against the order dated 24.07.1996
by the Mamlatdar and ALT, where the ancestors of the petitioner
therein not declared to be a tenant in the land bearing block
No.955 (old survey No.671) of village Borisana, Taluka: Kadi on the
ground of the ancestor of the petitioner being a family member of
the original owner Surajben Mafatlal. Even before this Court, there
is nothing on record to disprove or any material for this Court to
come to a finding contrary to what the Mamlatdar and ALT way
back in the year 1996 has held.
[4] The record indicates that after the case proceeding under
Section-32(O) of the Tenancy Act in regard with the land situated
at Block No.955, Village : Borisana, Taluka Kadi, admeasuring 0-
76-11 Hector Aare square-meter was carried out by Additional
Mamlatdar and Agriculture Commission, Kadi, as the petitioner was
not proved to be a tenant, an order to close the inquiry was passed
on 24.07.1996. This order was taken into review by the Deputy
Collector (Land Reform), Mehsana and order was passed by him on
03.08.2001 upholding the aforesaid order of the Additional
Mamlatdar and Agriculture Commission, Kadi dated 24.07.1996. The
C/SCA/21514/2022 ORDER DATED: 12/12/2022
petitioner has filed a Revision Application against the said order of
the Deputy Collector on 30.12.2021 along with the application of
the delay condonation for the delay in filing the revision
application. Considering the documents produced, there is delay of
more than 20 years in filing the revision application by the
petitioner. The petitioner has not produced any reasonable grounds
or documents for the delay. The various judgments of the High
Court sited in the his application are not directly applicable to this
case. The petitioner has to produced reasonable grounds for such
long delay, which has not been produced by him .
[5] No case is made out for any interference. Hence, the present
petition deserves to be and the same is hereby dismissed.
(A.Y. KOGJE, J)
SIDDHARTH
