Gujarat High Court Case Information System
Print
SCA/16045/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 16045 of 2010
=========================================
TAKHUBHA
PRATAPSINH JADEJA THROUGH POWER OF ATTORNEY - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================
Appearance :
MR
SANDEEP N BHATT for
Petitioner(s) : 1,
MR JIRGA JHAVERI, AGP for Respondent(s) : 1 -
2
None for Respondent(s) :
3.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 18/02/2011
ORAL
ORDER
1. By
way of this petition under Article 226 of the Constitution of India
the petitioner has prayed for the following relief;
“Your
Lordship may be pleased to issue a writ of certiorari or mandamus or
any other appropriate writ, order or direction and further be pleased
to allow this Special Civil Application by quashing and setting aside
the impugned order of Deputy Collector, ULC, Rajkot No. 1247 dated
21/03/1989 by which the revenue entry no. 1079 is made in the revenue
record of Vavdi Village Panchayat and further be pleased to direct
the respondent authorities to delete the entry No. 1079 and held the
same as nonest and this Hon’ble Court may further direct the
respondents to enter the name of present petitioner in revenue record
pertains to plot No 11-B, admeasuring 194.04 sq meter of Survey No.
67/1 of village Vavdi, Taluka & District Rajkot in the peculiar
facts and circumstances of the case and in the interest of justice.”
2. It
is not in dispute that the petitioner has challenged the order passed
by the competent authority and Deputy Collector, ULC, Rajkot dated
21/03/1989 by which the land in question alongwith other lands came
to be declared as excess surplus land under the provisions of the ULC
Act (including plot no. 11-B admeasuring 194.04 sq meeter of Survey
No. 67/1 of village Vavdi, Taluka and District Rajkot, which
admittedly the petitioner had purchased in the year 1981 i.e. after
the ULC Act, 1976 came into force). The petitioner has also
challenged Revenue Entry No. 1079 dated 29/05/1989 making necessary
entry in the revenue record with respect to the order passed by the
Deputy Collector, ULC, Rajkot dated 21/03/1989 and taking over
possession of the excess surplus land. It is to be noted that the
present petition is preferred in the year November, 2010 i.e. after a
period of almost 21 years of the order passed by the competent
authority and Deputy Collector, ULC, Rajkot dated 21/03/1989. Under
the circumstances, on the ground of delay and laches, apart from the
fact that the original ULC Act, 1976 has already been repelled, the
present petition deserves to be dismissed and is accordingly
dismissed.
(M.R.
SHAH, J.)
siji
Top