Gujarat High Court
Mahendrakumar Jayantilal Shah vs State Of Gujarat on 24 January, 2024
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/971/2024 ORDER DATED: 24/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 971 of 2024
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MAHENDRAKUMAR JAYANTILAL SHAH
Versus
STATE OF GUJARAT
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Appearance:
PANKEET P AUNDHIYA(9421) for the Petitioner(s) No. 1
for the Respondent(s) No. 2
MR. JAY TRIVEDI, AGP ON ADVANCE COPY SERVED TO GOVERNMENT
PLEADER/PP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 24/01/2024
ORAL ORDER
1. By way of this petition, the petitioner has challenged the order
show cause notice dated 17.06.2020 issued by the Deputy
Collector, Land Reforms, Vadodara (Rural) in case no. Ceiling
Revision/08/2019 issued under the provision of section 37 of
Gujarat Agriculture Land Ceiling Act, 1960.
2. Heard learned advocate Mr. Pankeet P. Aundhiya for the petitioner
and learned AGP Mr. Jay Trivedi for the respondent - State.
3. At the outset, an objection was raised by learned AGP Mr. Trivedi
that in the year 2024 the petitioner is challenging the show cause
notice dated 17.06.2020 and hence, on the ground of delay keeping
all the rights and contentions of the petitioner to contest the show
cause notice before the Deputy Collector, the petition may not be
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C/SCA/971/2024 ORDER DATED: 24/01/2024
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entertained.
4. Learned advocate Mr. Pankeet P. Aundhiya for the petitioner,
upon instructions states that though the show cause notice is of the
year 2020 and the same was duly received by the petitioner and
thereafter, the petitioner appeared before the Deputy Collector and
has also filed his reply. Essentially, he is challenging the show
cause notice on the ground that the Mamlatdar and ALT has
passed the order in the year 2013 in favour of the petitioner which
is taken into revision after a delay of seven years.
5. Learned advocate Mr. Aundhiya for the petitioner states that the
petitioner's case is covered by a catena of decisions, as the powers
of suo moto revision are exercised after an unreasonable delay of
seven years as the Mamlatdar and ALT passed the order on
16.09.2013 and the said order was sought to be taken into revision
after a period of seven years and therefore, he states that even if
there is delay of seven years, the petition may be entertained.
6. I have heard learned advocates for the respective parties and
perused the record. There is no doubt that the Mamlatdar and ALT
has passed the order on 16.09.2013 whereby the proceedings under
section 26 (1) of the Gujarat Agriculture Land Ceiling Act, 1960.
have been dropped. However, after seven years, when the show
cause notice for suo moto revision against the aforesaid order was
issued by the Deputy Collector, the petitioner has remained idle
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C/SCA/971/2024 ORDER DATED: 24/01/2024
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and did not challenge it for seven years, the petition as can be seen
from the record is presented on 10.01.2024 and it was registered
on 17.01.2024.
7. Learned advocate Mr. Aundhiya could not point out anything from
memo of the petition whereby such delay of four years is
explained. He only submitted that the petitioner has a meritorious
case as the powers of suo moto revision is exercised after seven
years.
8. Be that as it may, I have considered the fact that show cause notice
which is under challenged by way of this petition is dated
17.06.2020 whereas the matter is being taken up on 24.01.2024 i.e.
almost after four years. Even the petition is also filed on
10.01.2024 i.e. after more than three and half years. Not only that
the petitioner has already appeared before the Deputy Collector
and has also filed his reply as stated by learned advocate Mr.
Aundhiya.
9. If that is so, when the proceedings are already pending before the
Deputy Collector, the petitioner may point out the fact that such
revision / application is without jurisdiction and cite all the
judgments which are being relied upon before this Court. All the
rights and contentions of the petitioner are kept open but only on
the ground that the petitioner has already participated in the
proceedings before the Deputy Collector as well as considering the
NEUTRAL CITATION
C/SCA/971/2024 ORDER DATED: 24/01/2024
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fact the show cause notice is of the year 2020 is belatedly
challenge, the petition is not entertained and hence, same is
required to be dismissed and the same is dismissed accordingly.
10. All the rights and contentions of the petitioner are kept open
which he may canvass before the Deputy Collector.
(NIRZAR S. DESAI,J)
VARSHA DESAI
