Ashokji Gandaji Thakor Died Hence … vs State Of Gujarat on 23 February, 2026

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    Gujarat High Court

    Ashokji Gandaji Thakor Died Hence … vs State Of Gujarat on 23 February, 2026

    Author: Vaibhavi D. Nanavati

    Bench: Vaibhavi D. Nanavati

                                                                                                                   NEUTRAL CITATION
    
    
    
    
                                C/SCA/14286/2025                                  JUDGMENT DATED: 23/02/2026
    
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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    
                                    R/SPECIAL CIVIL APPLICATION NO. 14286 of 2025
    
    
                           FOR APPROVAL AND SIGNATURE:
    
    
                           HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
    
                           =============================================
    
                                        Approved for Reporting                   Yes           No
    
                           =============================================
                           ASHOKJI GANDAJI THAKOR DIED HENCE THROUGH HIS HEIRS & ORS.
                                                      Versus
                                             STATE OF GUJARAT & ORS.
                           =============================================
                           Appearance:
                           MR PATHIK M ACHARYA(3520) for the Petitioner(s) No.
                           1,1.1,1.2,1.3,1.4,1.5,1.6,2,3,4,5,6
                           MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1
                           IG JOSHI(8726) for the Respondent(s) No. 15
                           MR A S VAKIL, SENIOR COUNSEL with TIRTH NAYAK(8563) for the
                           Respondent(s) No. 2
                           =============================================
    
                             CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
    
                                                             Date : 23/02/2026
    
                                                             ORAL JUDGMENT

    1. Heard Mr. Pathik M. Acharya, learned advocate appearing

    for the petitioners, Mr. Jayneel Parikh, learned AGP appearing

    SPONSORED

    for the respondent No.1 – State, Mr. A.S. Vakil, learned Senior

    Counsel appearing with Mr. Tirth Nayak, learned advocate

    appearing on caveat for the respondent No.2 and Mr. I.G. Joshi,

    learned advocate appearing for the respondent No.15.

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    2. By way of present petition, the petitioners herein have

    challenged the impugned order dated 23.08.2022 passed by

    the Gujarat Revenue Tribunal, Ahmedabad, in Revision

    Application No.TEN/BA/112/2017 duly produced at Annexure –

    A to the petition whereby, the Gujarat Revenue Tribunal

    rejected the Revision Application preferred by the petitioners

    on the ground of delay without providing any reasoning and

    without application of mind, and quashing and setting aside

    the order passed by the learned Collector, Ahmedabad, dated

    10.01.1990 duly produced at Annexure – C to the petition,

    having prayed for the following reliefs:

    “(A) Your Lordships may be pleased to admit the present petition;

    (B) Your Lordships may be pleased to issue a writ of mandamus or any
    other appropriate writ, order or direction quashing and setting aside the
    impugned order dated 23.08.2022 passed by the Gujarat Revenue
    Tribunal, Ahmedabad in Revision Application No.TEN/BA/112/2017 and
    further be pleased to quash and set aside the order dated 10.01.1990
    passed by the Ld. Collector, Ahmedabad; Annexure A and C.

    (C) Pending admission and final disposal of this petition, Your Lordships
    may be pleased to stay order dated 23.08.2022 passed by the Gujarat
    Revenue Tribunal, Ahmedabad in Revision Application
    No.TEN/BA/112/2017;

    (D) Pending admission and final disposal of this petition, Your Lordships
    may be pleased to stay order dated 10.01.1990 passed by the Ld.
    Collector, Ahmedabad;

    (E) Grant ad-interim relief in terms of prayer clauses (C) and (D);

    (F) Your Lordships may be pleased to pass such other and further
    reliefs as may deems just and proper in the facts and circumstances of the
    present case may kindly be granted.”

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    3. The brief facts leading to the filing of the present petition

    read thus:

    3.1 The land bearing Survey Nos.112, 112/A, 112/B, 112-3,

    115/1, Revenue Block Nos.139, 140, 200 situated at Village :

    Khodiyar, Taluka : Daskroi, District : Ahmedabad (for short ‘the

    subject land’) belong to the forefathers of the present

    petitioners namely, Gandaji Jenaji and Keshaji Jenaji. The

    disputed properties came to be purchased by the respondent

    No.2 by way of registered sale deed. The entry of sale was duly

    certified in the revenue record as revenue entry No.1615. The

    respondent No.2 was not an agriculturist and therefore, under

    Section 84(C) of the Gujarat Tenancy and Agricultural Lands

    Act, 1948 (for short ‘the Tenancy Act‘), the registered sale

    deed was void ab-initio and the same being impermissible in

    the eye of law, came to be challenged by way of filing Ganot

    Case Nos.479 of 1984, 480 of 1984, 481 of 1984 and 482 of

    1984 before the Krushipanch. The Mamlatdar, Krushipanch by

    order dated 20.03.1989 allowed the Ganot Case being

    No.479/84 wherein, the registered sale deed was held to be

    untenable in eye of law, the same being in breach of Section

    84(C) of the Tenancy Act.

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    3.2 Being aggrieved, the respondent No.2 challenged the

    said order passed by the Mamlatdar, Krushipanch, before the

    Collector, Ahmedabad, by way of an appeal being Appeal

    No.113 of 1989, which came to be allowed by order dated

    10.01.1990 duly produced at Annexure – C to the petition.

    3.3 The petitioners herein preferred Revision Application

    being No.TEN/BA/112/2017 before the Gujarat Revenue

    Tribunal along with delay condonation application in filing the

    revision application. By the impugned order dated 23.08.2022,

    the Tribunal rejected the petitioners’ revision application on

    the ground of delay and on merits, which has resulted into

    filing of the present petition for the prayers, as referred to

    herein above.

    3.4 The petitioners herein also preferred Regular Civil Suit

    No.210 of 2008 against the private respondents for declaration

    and permanent injunction before the Principal Civil Judge,

    Ahmedabad Rural, which came to be rejected under Order 7

    Rule 11(d) by order dated 30.01.2018. The aforesaid is

    challenged by the petitioners by way of Civil Appeal No.376 of

    2022, which is pending before the District Court, Ahmedabad

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    Rural.

    4. Mr. Pathik M. Acharya, learned advocate appearing for

    the petitioners submits that the impugned order is required to

    be interfered with mainly, on the ground that the respondent

    herein has played fraud with the petitioners and executed a

    sale deed, which is voidable and under judicial scrutiny. It is

    submitted that the Tribunal has passed the impugned order

    merely, by taking into consideration that fact that there was

    allegedly delay of 27 years in filing the revision application. It

    has however overlooked the fact that the Tribunal should

    exercise its power under Section 5 of the Limitation Act in

    condoning the delay by taking a lenient view without giving

    importance to the technicalities of the law and focus of the

    substantial question of law – whether a person who is not an

    agriculturist could legally purchase the agricultural land under

    the provisions of the Tenancy Act.

    4.1 Reliance is placed on the ratio laid down in case of

    Commissioner of Customs (Preventive) Vs. Aafloat

    Textiles India Private Limited, reported in (2009) 11 SCC

    18 wherein, it is held that fraud vitiates every solemn act.

    Placing reliance on the aforesaid submissions, it is submitted

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    that the impugned order is such that the same is required to

    be quashed and set aside.

    5. Mr. A.S. Vakil, learned Senior Counsel appearing with Mr.

    Tirth Nayak, learned advocate appearing on caveat for the

    respondent No.2 submits that the petitioners herein are the

    legal heirs of the original vendor – Samjuben, widow of Jenaji

    and mother of the petitioners herein having entered into a sale

    deed with the respondent No.2 herein. The mutation entry of

    the same is mutated in the revenue record being Entry

    No.1615, which was subsequently certified. It is submitted that

    an application being Ganot Case No.479/84 was filed before

    the Mamlatdar and Krushipanch where, Smajuben, Gandaji and

    Keshaji were parties alleging breach of Section 63 of the

    Tenancy Act wherein, by order dated 20.03.1989, the said

    application was allowed. It is further submitted that the

    respondent No.2 herein preferred Ganot Appeal No.113 of

    1989 before the Deputy Collector, which came to be allowed

    by order dated 10.01.1990 by quashing and setting aside the

    order passed by the Mamlatdar and Krushipanch, dated

    20.03.1989. It is submitted that Samjuben, Gandaji and Keshaji

    passed away and in their lifetime did not challenge the

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    judgment and order passed by the Deputy Collector i.e.

    respondent No.1 herein, dated 10.01.1990.

    5.1 Mr. Vakil, learned Senior Counsel submits that the

    petitioner Nos.1, 2, 3 and 4 being sons and daughters of late

    Gandaji, the petitioner Nos.5 and 6 being sons of late Keshaji,

    challenged the order passed by the Deputy Collector, dated

    10.01.1990 as provided under Section 76 of the Tenancy Act

    after a period of 27 years. It is submitted that no error can be

    said to have been committed by the learned Gujarat Revenue

    Tribunal in dismissing the application seeking condonation of

    delay in absence of sufficient cause shown by the petitioners

    herein to condone the delay of more than 27 years. Placing

    reliance on the application filed by the petitioners for

    condonation of delay, it is submitted that it is specifically

    stated in paragraph 1 of the said application that the

    proceedings of Appeal No.113 of 1989 before the respondent

    No.1 were being pursued by the Gandaji and Keshaji in their

    lifetime and therefore, the petitioners had no knowledge and it

    is only upon the death, the petitioners acquired the knowledge

    on 27.04.2017 however, the same does not constitute

    sufficient cause within the meaning of Section 5 of the

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    Limitation Act. It is further submitted that the application for

    condonation of delay is silent as to how and when the

    petitioners came to know about the order passed by the

    Deputy Collector, dated 10.01.1990, which is devoid of

    pleadings with respect to sufficient cause to seek condonation

    of delay of 27 plus years. Placing reliance on the aforesaid

    submissions, it is submitted that this Court may not exercise

    extra ordinary jurisdiction under Article 227 of the Constitution

    of India.

    5.2 It is further submitted that the petitioners have made an

    effort to bring the respondents herein within the ambit of

    ‘fraud’. Answering the aforesaid submission, it is submitted

    that the application for condonation delay is devoid of such

    allegation or averments to alleged fraud. It is submitted that

    the alleged fraud argued by the petitioners is sale of the

    subject land by way of registered sale deed on 28.03.1982 by

    Samjuben (grandmother of the petitioners) an agriculturist in

    favour of the respondent No.2 allegedly to the non-

    agriculturists. That, firstly, sale by an agriculturist to an alleged

    non-agriculturist cannot be termed to be ‘fraud’. Secondly,

    such sale of 28.03.1982 was subject matter of Ganot Case

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    No.479 of 1984 to which, vendor Samjuben as well as Gandaji

    and Keshaji were parties. That, after succeeding in the Ganot

    Case, the respondent No.2 preferred appeal before the

    respondent No.1 wherein, Samjuben, Gandaji and Keshaji were

    parties. The appeal was allowed by order dated 10.01.1990.

    Reliance is placed on the record that, the notices were also

    issued to the respondents. In view thereof, it is submitted that

    no element of fraud can be alleged against the respondent

    herein.

    5.3 It is submitted that Section 79 of the Tenancy Act has

    only made applicable Sections 4, 5, 12 and 14 of the Limitation

    Act and that, Section 17 of the Limitation Act is not applicable.

    It is submitted that the contention of the petitioners that the

    petitioners are agriculturists and have deprived of their right to

    undertake agricultural activities after almost 40-43 years from

    the initial date of sale deed dated 28.03.1982, is such that the

    same is inconsiderable. To substantiate his submission, Mr.

    Vakil, learned Senior Counsel relied on the decision rendered in

    case of Ramesh Ambalal Shah Vs. State of Gujarat,

    reported in 2011 SCC Online Guj 4253, in case of Legal

    Heirs of Basiruddin Punnumiya Vs. State of Gujarat,

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    reported in 2023 SCC Online Guj 488 and in case of State

    of Gujarat Vs. Amrish Jagmohan Parikh & Ors., reported

    in 1996 SCC Online Guj 91.

    5.4 It is lastly submitted that the petitioners are the legal

    heirs of the vendors and as such, they have no locus, right and

    interest in the subject property and therefore, the petition at

    the instance of the legal heirs of the vendors, is without any

    locus. It is also submitted that without prejudice to the rights

    and contention even if the respondent No.2 is held to be a non-

    agriculturist, the procedure under Section 84C(4) of the Act will

    be followed and the land vests with the respondent- State

    however, no proceedings are initiated against the respondent

    herein. It is submitted that the order passed by the learned

    Gujarat Revenue Tribunal refusing to condone the delay of 27

    years is discretionary whereby, the Gujarat Revenue Tribunal

    has rightly exercised its jurisdiction in the facts of the present

    case. In view of the aforesaid, in absence of any jurisdictional

    error committed by the learned Gujarat Revenue Tribunal

    refusing to condone the delay of 27 years, the present petition

    is such that the same being devoid of merits, is required to be

    dismissed.

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    5.5 Mr. A.S. Vakil, learned Senior Counsel dealt with the

    judgments relied upon by Mr. Pathik Acharya, learned

    advocate appearing for the petitioners, it is stated that the said

    judgments are not applicable in the facts of the present case.

    The said judgments mainly deal with the civil proceedings.

    There is no declaration sought or granted by the authority that

    the sale transaction in the instant case can be said to be

    fraudulent. Placing reliance on the aforesaid submissions, it is

    submitted that the present petition be dismissed.

    6. Mr. Pathik Acharya, learned advocate appearing for the

    petitioners, in rejoinder, reiterates the contentions raised

    earlier and submitted that the present petition is required to

    be allowed and the delay is required to be condoned taking

    into consideration the peculiar facts of the present case

    wherein, the petitioners herein alleged fraud against the

    respondent No.2 herein.

    7. Mr. Jayneel Parikh, learned AGP appearing for the

    respondent – State submits that the petitioners challenged the

    order passed by the Deputy Collector, dated 10.01.1990 before

    the Gujarat Revenue Tribunal by preferring Revision

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    Application, which was dismissed and the same has attained

    finality.

    8. Having heard the learned advocates appearing for the

    respective parties, it is not in dispute that the petitioners’

    grandmother – Samjuben, widow of Jenaji and mother of

    Gandaji Jenaji and Keshaji Jenaji, executed a sale deed in

    favour of the Kalyanbhai Manibhai HUF, the respondent No.2

    herein, on 30.03.1982. The sale was recorded in the revenue

    record by Entry No.1615, which was subsequently certified on

    15.09.1983. The aforesaid sale deed was subject matter of

    challenge by the petitioners herein wherein, the plaint being

    Regular Civil Suit No.210 of 2008 came to be rejected under

    Order 7 Rule 11(d) of the Code of Civil Procedure by order

    dated 30.01.2018, which is challenged by the petitioners

    herein wherein, Civil Appeal being No.376 of 2022 is pending

    before the District Court, Ahmedabad.

    8.1 In the facts of the present case, the respondent –

    Mamlatdar and Krushipanch, Daskroi, initiated suo-motu

    proceedings by way of Ganot Case No.479/84 for breach of

    Section 63 of the Tenancy Act where, Samjuben, Gandaji and

    Keshaji were parties to the said proceedings. The Mamlatdar

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    allowed the Ganot Case No.479/84 by order dated 20.03.1989,

    which was subject matter of appeal being Ganot Appeal

    No.113 of 1989 by the respondent No.2 herein before the

    Deputy Collector wherein, the appeal came to be allowed by

    quashing and setting aside the order passed by the Mamlatdar

    and Krushipanch, dated 20.03.1989. It is not in dispute that the

    notices were issued to the Samjuben, Gandaji and Keshaji. In

    their lifetime, the said order was not challenged however, the

    petitioners herein challenged the order passed by the Deputy

    Collector, dated 10.01.1990 by preferring Revision Application

    before the Gujarat Revenue Tribunal under Section 76 of the

    Tenancy Act along with the application for condonation of

    delay. The said application for condonation of delay came to be

    rejected by the Gujarat Revenue Tribunal by impugned order

    dated 23.08.2022 wherein, it is held that the petitioners herein

    have failed to show sufficient cause to condone the delay of

    about 27 years.

    9. This Court has perused the impugned order passed by

    the Gujarat Revenue Tribunal, dated 23.08.2022, which is duly

    produced at Annexure – A to the petition. It is apposite to

    reproduce relevant paragraphs of the said order, which read

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    thus: (true translation)

    “Upon considering the submissions of the parties and the records of
    the subordinate office as well as the available records, it appears that with
    regard to the lands of Mouje: Khodiyar bearing Survey No. 115/1, Block No.
    200; Survey No. 115/1, Block No. 153; Survey Nos. 112/B, 112B, 112/3-K,
    Block No. 140; and Survey No. 112, Block No. 139, being aggrieved and
    dissatisfied by the orders dated 20/03/1989 passed by the Mamlatdar and
    Agricultural Tribunal, Daskroi in Tenant Cases Nos. Khodiyar 479/84,
    480/84, 481/84 and 482/84, Mr. Kalyanbhai Manilal, through Shaileshbhai
    Kalyanbhai as Manager (Karta) of H.U.F., preferred an appeal before the
    Deputy Collector (Land Reform) and Appeals, Ahmedabad. The Deputy
    Collector (Land Reform) and Appeals, Ahmedabad, by his order in Ganot
    Appeal No. 113/89 dated 10/01/1990, ordered to set aside the order dated
    20/03/1989 passed by the Mamlatdar and Agricultural Tribunal, Daskroi.
    Being aggrieved and dissatisfied by the said order, the present applicant,
    Mr. Ashokji Gandabhai Thakor, has filed a revision application under
    Section 76 of the Tenancy Act, whereby the dispute has arisen. In this
    matter, the submissions of the applicant do not appear to be acceptable.
    The present applicant is the heir of the vendor of the disputed land. The
    forefathers of the applicant had, at the relevant time, sold the disputed
    land by a registered document. Thus, after having sold the land by a
    registered document, the revision application has been filed, which has
    been filed after a delay of 27 years. The revision application has been
    presented by the applicant with a delay of 27 years, 2 months and 1 day.
    With regard to the said delay, sufficient day-to-day reasons have not been
    stated. The submission of the applicant that the knowledge of the order
    was acquired in the year 2017 does not appear to be acceptable. In the
    delay application, it suffers the bar of Section 5(1) of the Limitation Act.
    And as per the judgments of the Hon’ble Supreme Court, such a long delay
    does not appear to be condonable. Further, the judgment of the Hon’ble
    Supreme Court, as reported in A.I.R. 2011 at page No. 1237, lays down as
    under:

    Limitation Act, 1963-S 5 delay in filling appeal condonation appeal
    filed after prescribed period of limitation – delay of 114 days appellant did
    not show sufficient cause for delay held, appeal required to be dismissed
    on the ground of limitation appeal dismissed. As stated by the Hon’ble
    Supreme Court in Civil Appeal No. 1166 of 2006, no reason or sufficient
    cause shown as to what steps were taken during this period and why
    immediate steps were not taken by the applicant, even after they
    admittedly came to know of the pendency of the appeal before this Court
    once a valuable right, as accrued in favour of one party as a result of the
    failure of the other party to explain the delay by showing sufficient cause
    and its own conduct, it will be unreasonable to take away that right on the
    mere asking of the applicant, particularly when the delay is directly a
    result of negligence, default or inaction of that party – appeal dismissed.”

    Thus, in view of the aforesaid judgment and upon considering the
    facts and details of the present case, as discussed in the order, the
    application for condonation of the long delay caused in filing the present
    revision application is liable to be rejected, and therefore, as the revision
    application does not appear to be maintainable, the following order is
    passed in this matter.

    -: Order :-

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    The delay application submitted in Revision Application No.
    TEN/BA/112/2017 (5112) filed by the applicant is hereby rejected, and on
    that basis, the revision application is ordered to be rejected.
    No order as to costs.”

    10. This Court has independently also considered the case of

    the petitioners harmoniously taking into consideration the

    application for condonation of delay, which is duly produced on

    record at Annexure – D, page 39 to the petition. Upon bare

    perusal of the application, it emerges that the only contention

    that has been harped upon by Mr. Acharya, learned advocate

    appearing for the petitioners herein is that of alleging fraud

    against the respondent No.2. It emerges that no such

    contention was raised by the petitioners herein before the

    Tribunal.

    10.1 It also emerges from the record that the petitioner herein

    has also failed to bring the case of the petitioners within the

    ambit of “sufficient cause” required for condoning the delay of

    more than 27 years in preferring the Revision Application,

    challenging the order passed by the Deputy Collector,

    Ahmedabad, dated 10.01.1990.

    10.2 Upon perusal of the application for condonation of delay,

    the petitioners herein have failed to state the date of death of

    Samjuben, Gandaji and Keshaji. It is vaguely stated in

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    paragraph 1 of the application for condonation of delay that,

    the proceedings of the Appeal No.113 of 1989 before the

    respondent No.1 were being pursued by Gandaji and Keshaji in

    their lifetime and therefore, the petitioners have no knowledge

    and it is only upon their death that, it came to the knowledge

    of the petitioners on 27.04.2017 of the order passed by the

    respondent No.1 dated 10.01.1990 thereafter, the revision

    application came to be filed on 26.05.2017. It is not even

    stated as to how the order dated 10.01.1990 came to the

    knowledge of the petitioners herein. The aforesaid, in the

    opinion of this Court, does not constitute “sufficient cause” to

    condone the delay of 27 years.

    10.3 It further emerges from the record that the petitioners’

    grandmother – Samjuben and Gandaji and Keshaji – the fathers

    of the respective petitioners also in their lifetime never

    challenged the order passed by the Deputy Collector, dated

    10.01.1990 having accepted the order. However, the

    petitioners after a delay of more than 27 years, challenged the

    said order before the Tribunal.

    In view of the aforesaid, the impugned order passed by

    the Gujarat Revenue Tribunal dated 23.08.2022 is a plausible

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    view, which requires no interference under Article 226 of the

    constitution of India.

    11. At this stage, it is apposite deal with the decisions relied

    upon by Mr. Pathik M. Acharya, learned advocate appearing for

    the petitioners :

    (a) In case of Chandrasinh Khumansinh Bakrola Vs.

    Ibrahim Suleman Narot since Deced. Through heirs,

    reported in 2023 (0) GUJHC 40927.

    (b) In case of S.P. Chengalvaraya Naidu (dead) By Lrs.

    Vs. Jagannath (dead) by Lrs. & Ors., reported in (1994) 1

    SCC 1.

    (c) In case of Shanti Devi and Ors. Vs. Jagan Devi and

    Others, reported in 2025 SCC Online SC 1961.

    The aforesaid judgments are not applicable in the facts of

    the present case wherein, the orders/decree were obtained by

    constituting fraud or suppressing material facts and

    documents. In the facts of the present case, the petitioners

    have failed to prove that the respondent No.2 herein

    committed fraud.

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    12. As submitted by Mr. Vakil, learned Senior Counsel that if

    at all there is alleged breach of Section 84(C) of the Tenancy

    Act by the respondent No.2 herein, the same would be dealt

    with by the respondent – State in accordance with law.

    However, no such notices are issued to the respondent No.2

    herein.

    12.1 Moreover, in the opinion of this Court, Samjuben was the

    original vendor, the petitioners herein are the grandchildren of

    the original vendor, who having pocketed the amount pursuant

    to the sale deed entered into between the parties as such have

    no locus to challenge or question the same.

    Position of Law:

    13. It is apposite to refer to the ratio laid down in case of

    Rameshbhai Ambalal Shah Vs. State of Gujarat &

    Another, reported in (2011) 3 GLH 98 wherein paragraph 50

    reads thus:

    “50. In the above conspectus of the entire matter, we are of the view
    that after all these years i.e. almost 31 years, the original owners i.e. the
    appellants cannot say that the transaction of 1970 be declared as invalid
    and the possession of the property be restored in their favour. We have
    confined our discussion only in so far as the legality and validity of the
    order passed by the learned Single Judge and the settled position of law in
    so far as powers of the authorities to take transactions in suo-motu review
    after an unreasonable period of time is concerned. It would also not lie in
    the mouth of the appellants that they are agriculturists and they should

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    not be deprived of their right to undertake the agricultural operations
    almost after a period of 30 years. All of a sudden the thought of doing
    agricultural work has come in the minds of the appellants is
    inconceivable.”

    13.1 It is also apposite to refer to the ratio laid down in case of

    State of Gujarat Vs. Amrish Jagmohan Parikh and Ors.,

    reported in 1996 SCC Online Guj 91 wherein, paragraphs 3

    and 5 read thus:

    “3. The petition is filed more than 4 years and 7 months after the
    impugned order of the Gujarat Revenue Tribunal recorded on 5-9- 1991.
    There is delay of more than 4 years and 7 months in filing the present
    petition and the petitioner has stated in para 6 of the petition the grounds
    for belated filing of petition. According to the case of the petitioner, there
    was correspondence between the Revenue and Legal Department of the
    State and also between the Departments and the Office of the Collector
    and also with the Office of the Government Pleader Ahmedabad. Para 6 of
    the petition pertaining to the explanation for filing petition late is Material
    which reads as under:

    “The petitioner says that in this case Tribunal decided the matter on
    5-9-1991. Thereafter the Revenue Department corresponded with the
    Legal Department. Collector and Prant Officer and ultimately on 6-2-
    1993, the Legal Department informed the Government Pleader, High
    Court that in this matter the Government desires to file writ petition
    before the High Court. Thereafter the Office of the Government
    Pleader, High Court informed the concerned department to send the
    relevant papers and on 1-3-1993 certain papers were delivered to the
    Office of the Government Pleader. However, as the records were
    incomplete the Office of the Government Pleader, High Court
    addressed a letter to the Revenue Department. Thereafter the Officer
    of the Office of the Dy. Collector came to High Court on 20-7-1994
    with certain details. But as still the details were incomplete, the Office
    of the Government Pleader again requested the concerned
    department to send the complete details and ultimately in the month
    of February 1995 all the details were received by the Office of the
    Government Pleader, High Court and thereafter the writ petition is
    prepared and filed before this Hon’ble Court. The petitioner, therefore,
    requests this Hon’ble Court to condone the delay, if any, in filing the
    writ petition in this behalf.”

    The aforesaid explanation in para 6 of the petition is very general without
    furnishing particulars as to what delay occurred where. On the plain
    perusal of para 6 of the petition, it could safely be concluded that there
    was no sufficient explanation or reasonable cause for inordinate delay of
    more that 4 years and 7 months in filing the petition after the passing of
    the impugned order by the Gujarat Revenue Tribunal. Responsible officers
    dealing with this file in the concerned Departments and the office of the

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    Collector have also not filed affidavits. The affidavit filed by one Under
    Secretary of the Revenue Department is also too general and vague. The
    grounds stated for condonation of delay in filing this petition late after 4
    years and 7 months is not acceptable and sustainable. It does not
    constitute a reasonable and sufficient cause. Therefore, the petition suffers
    from the vice of delay and laches and the reason for such an inordinate
    delay is not excusable and sufficient. There is a definte purpose and policy
    in evolution of the doctring of delay and laches in filing susbstantive
    petition under Articles 226/227 of the Constitution of India.

    5. In view of the provisions of Section 76 of the Tenancy Act, the
    revision is required to be filed within a spell of 60 days from the date of
    passing of the impugned order. The impugned order of the Collector was
    passed in suo motu revision No. 170/83 on 29-12-1983. The revision was
    filed after 3 years and 7 days. The said delay is not condoned by the
    Tribunal for sufficient grounds. Thus, there was no sufficient ground for
    condonation of delay as held by the Tribunal which appears to be fully
    justified. It is very clear-from the present petition that the certified true
    copy of the impugned order of the Deputy Collector recorded in suo motu
    revision was applied for one year and eight months after the passing of the
    order. No reasonable explanation was placed on record as to what
    prompted the Government not to file an application for certified copy
    before the expiry of more than 1 year and 8 months. Apart from that, even
    after getting the certified true copy of the order on 29-9-1986, the revision
    came to be filed on 7-1-1987. No any reason was placed on record as to
    why, again there was delay of, 95 days in filing revision after the affidavit
    was sworn. It is rightly observed by the Tribunal in the impugned order
    that in the case of Gandhinagar district there is only one district i.e.
    Gandhinagar and it has only one Deputy Collector and the process of filing
    revision before the Gujarat Revenue Tribunal could have been completed
    well in time, but there was an exhibition of wanton, gross, inordinate delay
    on the part of the concerned Departments. There was no reasonable,
    acceptable, sufficient cause or ground for filing the revision application
    late. Having regard to the factual scenario emerging from the record of the
    case, even while looking at the merits incidentally, this Court is unable to
    find that the impugned order is in any way vulnerable. No special altitude
    or any consideration can be given on the ground of petitioner being State.
    This Court in a Full Bench decision rendered in Municipal Corporation of
    Ahmedabad v. Voltas Limited
    , (1994) 2 Guj LR 1325 : (AIR 1995 Guj 29)
    clearly laid down that the delay must be explained and established and the
    Government Departments and statutory bodies cannot claim condonation
    of delay on the ground of administrative follow up procedures. The present
    case is precisely covered by the said Full Bench decision of this Court.
    Again, in a petition under Articles 226/227 of the Constitution of India, this
    Court is not sitting as an appellate Court against the decision of the
    Tribunal. Writ jurisdiction of this Court is very much circumscribed in a
    narrow compass. Essentially, this Court functions as a supervisory
    authority. This Court cannot reappreciate and re-analyse the factual
    aspects. The Tribunal on appreciation of facts reached to a positive
    conclusion that there was inordinate delay on the part of the petitioner in
    not filing the revision before the Tribunal within the period of limitation.”

    14. For the reasons as stated herein above and considering

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    the aforesaid position of law, in the opinion of this Court, the

    petitioners herein have failed to prove that the respondent

    No.2 herein has committed fraud to bring the case of the

    petitioners within the ambit of the condonation of delay of 27

    years and also in absence of such contention having raised

    before the competent authority. The findings arrived at by the

    Tribunal are findings of fact and in accordance with law much

    less any error could be said to have been committed by the

    Tribunal while passing the impugned order.

    15. In view of the aforesaid, this Court does not find any

    reason to interfere in the impugned order dated 23.08.2022

    passed by the Gujarat Revenue Tribunal invoking Article 227 of

    the Constitution of India. The present petition fails and the

    same is dismissed.

    (VAIBHAVI D. NANAVATI,J)

    NEHA

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