Bhikhabhai Jadavbhai Rathod vs State Of Gujarat on 7 July, 2026

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    Bhikhabhai Jadavbhai Rathod vs State Of Gujarat on 7 July, 2026

                                                                                                                      NEUTRAL CITATION
    
    
    
    
                               C/SCA/11794/2017                                      JUDGMENT DATED: 07/07/2026
    
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                                       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    
                                       R/SPECIAL CIVIL APPLICATION NO. 11794 of 2017
    
                          FOR APPROVAL AND SIGNATURE:
    
                          HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
                          ==========================================================
    
                                       Approved for Reporting                       Yes           No
    
                          ==========================================================
                                             BHIKHABHAI JADAVBHAI RATHOD
                                                          Versus
                                                 STATE OF GUJARAT & ORS.
                          ==========================================================
                          Appearance:
                          MR RAJESH O GIDIYA(5222) for the Petitioner(s) No. 1
                          MR. RAHUL DAVE, AGP for the Respondent(s) No. 1
                          MR Y J PATEL(3985) for the Respondent(s) No. 4
                          RULE SERVED for the Respondent(s) No. 5,7
                          RULE SERVED BY DS for the Respondent(s) No.
                          10,11,12,13,14,15,16,2,3,8,9
                          UNSERVED EXPIRED (R) for the Respondent(s) No. 6
                          ==========================================================
                            CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
    
                                                                Date : 07/07/2026
    
                                                                ORAL JUDGMENT

    1) By way of filing present petition under Article 226 of the
    Constitution of India the petitioner herein have prayed for the
    following reliefs:

    ”A. That this Hon’ble Court be pleased to admit the petition.

    B. That this Hon’ble Court be pleased to quash and set aside the
    impugned show cause notice No. RO/suo-moto-revision/Case No.
    15/17 dated 16.06.2017 issued by the Respondent No. 2 District
    Collector, Botad, by issuing a writ in the nature of certiorari or any
    other appropriate writ, order or direction as this Hon’ble Court may

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    deem fit in the interest of justice.

    C. Pending admission and/or final disposal of the petition, this
    Hon’ble Court be pleased to stay the operation. Implementation,
    execution of the impugned show-cause notice No. RO/suo-moto-
    revision/Case No. 15/17 dated 16.06.2017 issued by the Respondent
    No. 2 District Collector, Botad, till this petition is finally heard and
    decided by this Hon’ble Court.

    D. That this Hon’ble Court be pleased to grant such other and further
    relief/s as may be deemed fit and proper in the facts and
    circumstances of the case.

    E. That this Hon’ble Court be pleased to award cost of the petition
    from the respondents.”

    2) The case of the petitioner can be summarized in a nutshell
    as under:

    2.1) The petitioner is an agriculturist/agricultural labourer who
    purchased the agricultural land in question from the concerned
    landholders by way of registered sale deeds executed upon
    payment of valuable sale consideration. Pursuant to the
    execution of the said sale deeds, corresponding mutation entries
    came to be posted in the revenue record and the same were
    subsequently certified by the competent revenue authorities
    after due verification and scrutiny of the relevant documents
    Thereafter, the Collector initiated proceedings and issued a
    show-cause notice dated 16.06.2017 with a specific direction to
    cancel the mutation entries effected on the basis of the
    aforesaid registered sale deeds. The notice was issued without
    jurisdiction and sought to unsettle transactions which had
    already attained finality in the revenue record. Being aggrieved

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    by and dissatisfied with the issuance of the aforesaid show-cause
    notice, the petitioner has approached this Court by way of the
    present petition seeking appropriate reliefs.

    3) Heard learned advocate Mr. Rajesh O. Gidiya appearing for
    the petitioner and learned AGP Mr. Rahul Dave for Respondent
    No. 1.

    SPONSORED

    4) Learned advocate Mr. Rajesh O. Gidiya appearing for the
    petitioner submitted that it is an admitted position of fact that
    the petitioner is an agricultural labourer and has been engaged in
    agricultural activities for many years. He submitted that a
    certificate to that effect was issued by the competent revenue
    authority. On the strength of the agricultural labourer certificate
    dated 02.05.2007 issued by the Mamlatdar, Botad, and in
    accordance with the prevailing Government policy, the petitioner
    purchased the agricultural land in question by way of a registered
    sale deed after paying the requisite sale consideration to the
    landowners. Pursuant thereto, Mutation Entry No. 2271 came to
    be mutated in the revenue record and was certified on
    08.08.2008. He further submitted that the petitioner had
    purchased and sold different parcels of agricultural land situated
    in various villages on the basis of the said certificate and the copy
    of the relevant sale deeds have also been placed on record.

    4.1) Learned advocate for the petitioner further submitted that
    the petitioner had first purchased agricultural land by a

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    registered sale deed dated 03.08.2007, pursuant to which
    Mutation Entry No. 2189 was entered in the revenue record and
    certified on 02.11.2007. Thereafter, the petitioner received a
    show-cause notice issued by the office of the Collector, Botad,
    alleging that the transactions entered into by the petitioner were
    in contravention with the statutory provisions of law and had
    been undertaken without obtaining prior permission from the
    competent authority. On the basis of said reasons, the Collector
    initiated suo motu revision proceedings for cancellation of the
    entries mutated in the revenue record. Learned advocate
    submitted that a copy of the impugned notice has been produced
    on record along with the memo of petition. He further submitted
    that by making cursory glance upon the contents of the notice, it
    can be found out that the said show-cause notice was issued to
    number of persons who had entered into transaction of
    registered sale deed based upon the agriculture labourer
    certificate issued by competent revenue authority and who
    entered into transaction without obtaining the prior permission
    of competent authority. It seems that several independent
    transactions carried out by different individuals in respect of
    different parcels of lands situated altogether in different
    villages, executed at different points of time have been sought
    to be declared as cancelled by way of issuing a common
    consolidating show-cause notice. He submitted that all such
    transactions had already been acted upon and the corresponding
    mutation entries had been duly certified by the competent
    revenue authorities. However, after a considerable period of

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    time, the authority sought to cancel such entries on the ground
    that prior permission of the competent authority had not been
    obtained before entering into the transactions.

    4.2) Learned advocate further submitted that the action of the
    authority is ex facie illegal and contrary to law and therefore, the
    impugned show-cause notice deserves to be quashed and set
    aside. He submitted that the petitioner had purchased the land in
    the year 2007, whereas the impugned proceedings came to be
    initiated only in the year 2017, after a delay of more than ten
    years. In support of his submissions, he placed reliance upon
    various decisions of the Hon’ble Supreme Court as well as this
    Court, particularly the decision in the case of Bharatbhai
    Narendbhai Vegda and Others vs. State of Gujarat
    , reported in
    2016 (2) GLR 1021. He submitted that in the said decision, this
    Court had quashed similar proceedings on the ground of
    inordinate delay and that the principle laid down therein squarely
    applies to the facts of the present case. He, therefore, urged that
    the impugned show-cause notice dated 16.06.2017 be quashed
    and set aside. Learned advocate further submitted that although
    no specific period of limitation is prescribed under the statute for
    exercise of suo motu powers by the revenue authorities, it is well
    settled that such powers are required to be exercised within a
    reasonable period. Initiation of proceedings after a lapse of more
    than ten years cannot be said to be within a reasonable period
    and would amount to an inordinate and unexplained delay.
    He
    has further put reliance upon the decision rendered by this Court

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    in the case of Vinubhai Mangalbhai Shah vs. District Collector –
    Surendranagar & Others
    decided on 25.03.2026. He, therefore,
    submitted that in view of the settled proposition of law, the
    impugned show-cause notice deserves to be quashed and set
    aside.

    5) Learned AGP Mr. Rahul Dave appearing for the
    respondent-State submitted that it is an admitted position of
    fact that the petitioner is an agricultural labourer and had
    entered into transactions for purchase of agricultural land,
    pursuant to which the relevant mutation entries came to be
    mutated in the revenue record. He submitted that during the
    course of scrutiny of the record, it came to the notice of the
    Collector that the petitioner had entered into the transactions
    without obtaining the necessary permission from the competent
    authority as required under the statutory provisions. Learned
    AGP further submitted that the transactions were undertaken in
    contravention of the provisions of law and while mutating and
    certifying the entries in the revenue record, the concerned
    revenue authorities had failed to verify the relevant aspects in
    their true spirit and proper perspective. Upon examining the
    record, the Collector found that there were several instances
    where mutation entries had been certified despite the
    transactions having been entered into without obtaining the
    requisite permission from the competent authority. He
    submitted that with a view to rectify such irregularities and to
    examine the legality of the transactions, the Collector issued the

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    impugned show-cause notice. The proceedings initiated by the
    Collector are in accordance with law and have been undertaken
    in exercise of the powers vested in the authority. Learned AGP,
    therefore, submitted that the action of the Collector is just, fair
    and legal and does not warrant interference by this Court in
    exercise of its extraordinary jurisdiction under Article 226 of the
    Constitution of India. He, therefore, urged that the petition be
    dismissed.

    6) Having heard learned advocates for the respective parties
    and having gone through the record and proceedings, it emerges
    from the record that the petitioner herein is an agricultural
    labourer and was engaged in carrying out agricultural activities
    upon the agricultural lands of different landowners. Pursuant
    thereto, and as per the policy of the Government, the revenue
    authority concerned had issued a certificate declaring the
    petitioner to be an agricultural labourer. It is also a matter of fact
    on record that as per the prevailing policy of the Government of
    Gujarat, a person holding such certificate of agricultural labourer
    was entitled to purchase agricultural land by way of a registered
    sale deed. It further emerges from the record that after
    obtaining the certificate declaring him to be an agricultural
    labourer, the petitioner purchased agricultural land by way of a
    registered sale deed after paying the amount of sale
    consideration. Pursuant to the execution of the said sale deed,
    the revenue entry came to be mutated in the revenue record and
    the same was subsequently certified by the competent revenue

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    authority after verifying the relevant record and proceedings. It
    is a matter of fact on record that the petitioner purchased the
    said property on 03.08.2007 by way of a registered sale deed and
    Mutation Entry No.2189 came to be mutated on 02.11.2007.
    Thereafter, the said entry was duly certified by the competent
    authority.

    6.1) It is revealed from the record that on 16.06.2017, a show-
    cause notice came to be issued at the instance of the District
    Collector, Botad to the petitioner as well as other identically
    situated persons. A copy of the said show-cause notice is placed
    on record along with the memo of petition. Upon a bare perusal
    of the contents of the said notice, it appears that during scrutiny
    of the revenue record, certain issues came to the notice of the
    District Collector and therefore, proceedings were initiated by
    issuing the show-cause notice alleging that the transactions in
    question had been carried out in contravention of the statutory
    provisions of law and therefore, the entries mutated in the
    revenue record were required to be cancelled. By bare perusal of
    the contents of the notice itself, crystallises the position of fact
    that the show-cause notice had been issued to different
    individuals in respect of different transactions relating to
    different properties situated in different villages and executed
    between different parties on different dates. Pursuant to the
    execution of such sale deeds, entries came to be mutated in the
    revenue record by the competent authority. The revenue
    authority has clubbed together various disputed questions of

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    fact relating to different transactions and different entries and
    has issued one consolidated show-cause notice seeking
    explanation from all concerned persons.

    6.2) This Court finds that no specific allegations or particulars
    have been stated in the show-cause notice. By issuing one
    consolidated notice to different individuals, the issues involved in
    each case have been generalized. In absence of specific
    particulars regarding the transaction in question, the petitioner
    as well as other affected persons could not have effectively
    replied to the notice. It is a settled proposition of law that if any
    entry mutated in the revenue record is sought to be questioned,
    the authority concerned is required to initiate proceedings by
    issuing a show-cause notice containing specific facts and
    grounds. Apparently, on the face of the record, such particulars
    are lacking in the present show-cause notice. Apart from the
    aforesaid aspect, there is gross delay in initiation of the
    proceedings. The sale transaction was entered into in the year
    2007 and the corresponding entry was also certified in the year
    2007. However, the proceedings came to be initiated only in the
    year 2017. It is well settled that though no specific time period of
    limitation is prescribed under the statute, the authority
    concerned is required to exercise its powers within a reasonable
    period of time. The consistent view taken by the Hon’ble Apex
    Court as well as this Court is that such powers cannot be
    exercised after an unreasonable and inordinate delay. In the
    present case on hand, the proceedings have been initiated after a

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    lapse of about ten years. Therefore, on both the counts, namely,
    absence of specific particulars in the show-cause notice and gross
    delay in initiation of proceedings, this Court is of the opinion that
    the action initiated by the authority is not in consonance with the
    settled principles of law and therefore, the impugned order
    deserves to be quashed and set aside.

    6.3) At this juncture, I would like to rely and refer to the
    decision rendered by the Division Bench of this Court in the case
    of Bharatbhai Naranbhai Vegda & Ors. vs. State of Gujarat &
    Ors.
    , reported in 2016 (2) GLR 1021, the extracts of the said
    decision
    more particularly paragraph nos. 4 to 10 which are
    reproduced hereinunder:

    “4. When the appellants came to know through their Advocate about
    the aforesaid notice initiated by the respondent No. 3, they have
    preferred Special Civil Application No. 4370 of 2011 challenging the
    show-cause notice, inter alia, on the ground that after 37 years from the
    date of the revenue entry, the proceedings are initiated under the
    Ordinance. The learned Single Judge found that the aspects of delay can
    be examined by the authority while deciding the show-cause notice, and
    therefore, the learned Single Judge did not interfere with the show-
    cause notice and dismissed the petition without entering into the merits
    of the show-cause notice. It is under these circumstances, the present
    Appeal before the Division Bench of this Court.

    5. We have heard Mr. Mihir Joshi, learned Sr. Counsel appearing with Mr.
    Vimal Patel for the appellants, Mr. Percy Kavina, learned Sr. Counsel,
    appearing with Mr. Majmudar for respondent No. 5, Mr. Rakesh Patel,
    learned A.G.P. appearing for the State and its officers, Mr. Saurabh Amin
    appearing for respondent Nos. 8 to 14, Mr. Haresh Patel for respondent
    Nos. 6 and 7 and Mr. Sandip Bhatt for respondent No. 12.

    6. It is by now well-settled that if the action of initiation of the show-
    cause notice is without jurisdiction, or ex-facie barred by delay, the
    Court may entertain the petition under Art. 226 of the Constitution. At
    this stage, we may refer to the decision of the Apex Court in case of
    State of Punjab v. Bhatinda District Co-operative Milk Producers Union

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    Ltd., reported at 2007 (11) SCC 363, wherein the show-cause notice
    issued in purported exercise of the revisional power came to be
    challenged, inter alia, on the ground that the notice was beyond the
    period of limitation. A question arose before the Apex Court as to
    whether such a question could be considered as the jurisdictional
    question or not. At Paragraph 24, it was observed thus:

    “24. Question of limitation being jurisdictional question, the writ
    petition was maintainable.”

    Further, at Paragraph 25, it was observed thus:

    “25. We are, however, not oblivious of the fact that ordinarily the
    writ Court would not entertain the writ application questioning
    validity of a notice only, particularly, when the writ petitioner would
    have an effective remedy under the Act itself. This case, however,
    poses a different question. The Revisional Authority, being a creature
    of the statute, while exercising its revisional jurisdiction, would not
    be able to determine as to what would be the reasonable period for
    exercising the revisional jurisdiction in terms of Sec. 21(1) of the Act.
    The High Court,. furthermore in its judgment, has referred to some
    binding precedents which have been operating in the field. The High
    Court, therefore, cannot be said to have committed any jurisdictional
    error in passing the impugned judgment.” (Emphasis supplied)

    7. If the facts of the present case are further examined in light of the
    above-referred legal position, two aspects may be required to be
    addressed. One would be the question of reasonable period for initiation
    of the action by issuance of the show-cause notice under the Ordinance
    and the another is whether it could be said that the initiation of the
    action is without jurisdiction. The third aspect which may incidentally
    arise for consideration is about the locus on the part of respondent No. 5
    in insisting for invalidation of the transaction which has taken place
    between the original owner, i.e., his father and the purchaser wherein
    father of respondent No. 5 received the consideration and by his own
    volition, parted with the possession, acted for transfer of the property
    and did not raise any grievance during his lifetime.

    8. On the first aspect, for reasonable period, we may refer to some of
    the decisions, though of course, there are number of such decisions. The
    first judgment on the principle delay in exercise of power came to be
    considered in the case of State of Gujarat v. Patel Raghav Natha,
    reported at 1969 (2) SCC 187 [1969 GLR 992 (SC)], wherein it was held
    that if the revisional authority was inclined to exercise the power under
    the Bombay Land Revenue Code, it ought to have been satisfied that
    such power has been invoked within reasonable time, otherwise the bar
    of delay would operate.
    Thereafter, there are number of decisions on
    the said point but, we may usefully refer to the recent decision of this

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    Court in the case of Chandulal Gordhandas Ranodriya v. State of
    Gujarat
    , reported at 2013 (2) GLR 1788, wherein, this Court while
    considering the question of delay in initiation of action under Sec. 84C of
    the Bombay Tenancy and Agricultural Lands Act, in a case where delay
    was about 5 years, observed at Paragraph 13 as under :

    “13. In our opinion, it is well settled that even though void
    transaction if is allowed to remain effective for considerable long
    period, the authority named therein will be precluded from initiating
    proceedings to annul it. It can remain effective and in existence till it
    is invalidated and set aside. If its existence is allowed for a
    considerable period and by a passage creating valuable rights in
    favour of a considerable section of people, like the appellants in the
    present case, it is difficult to accept the proposition that despite the
    change the competent authority under the Act would be entitled to
    exercise powers under Sec. 84C of the Act at any point of time.”

    Further, this Court in the said decision elaborately considered the
    question of delay and the reasonable period at Paragraph 16, which
    reads as under :

    “16. In the case of Employees State Insurance Corporation v. C. C.
    Santhakumar
    , reported in 2007 (1) SCC 584, the Supreme Court has
    elaborately explained this principle of action to be taken within a
    reasonable period of time. It would be appropriate for us to quote
    Paragraph Nos. 35, 36, 37, 38, 39 and 40.

    “35. A “reasonable period” would depend upon the factual
    circumstances of the case concerned. There cannot be any
    empirical formula to determine that question. The
    Court/authority considering the question whether the period is
    reasonable or not has to take into account the surrounding
    circumstances and relevant factors to decide that question.

    36. In State of Gujarat v. Patel Raghav Natha, 1969 (2) SCC 187,
    it was observed that when even no period of limitation was
    prescribed, the power is to be exercised within a reasonable time
    and the limit of the reasonable time must be determined by the
    facts of the case and the nature of the order which was sought to
    be varied. This aspect does not appear to have been specifically
    kept in view by the Division Bench. Additionally, the points
    relating to applicability of the Andhra Pradesh Assigned Lands
    (Prohibition of Transfers) Act, 1977
    , and even if it is held that the
    Act was applicable, the reasonableness of the time during which
    action should have been initiated were also not considered. It
    would be hard to give an exact definition of the word
    “reasonable”. Reason varies in its conclusions according to the
    idiosyncrasy of the individual and the times and circumstances in
    which he thinks. The reasoning which built up the old scholastic

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    logic stands now like the jingling of a child’s toy. But mankind
    must be satisfied with the reasonableness within reach; and in
    cases not covered by authority, the decision of the Judge usually
    determines what is “reasonable” in each particular case; but
    frequently reasonableness “belongs to the knowledge of the law,
    and therefore, to be decided by the Courts”. It was illuminatingly
    stated by a learned author that an attempt to give a specific
    meaning to the word “reasonable” is trying to count what is not,
    a number and measure what is not space. It means prima facie in
    law reasonable in regard to those circumstances of which the
    actor, called upon to act reasonably, knows or ought to know.
    (See: Municipal Corpn. Supply & Sewerage Board v. Unique
    Erectors (Gujarat) (P) Lid.
    , 1989 (1) SCC 532.
    As observed by Lord
    Romilly, M.R. in Labouchere v. Dawson, 41 LJ Ch 472 it is
    impossible a priori to state what is reasonable as such in all cases.
    You must have the particular facts of each case established
    before you can ascertain what is reasonable under the
    circumstances. Reasonable, being a relative term is essentially
    what is rational according to the dictates of reason and not
    excessive or immoderate on the facts and circumstances of the
    particular case.*

    37. These aspects were highlighted in Collector v. P. Mangamma,
    2003 (4) SCC 488.

    38. As observed in Veerayee Ammal v. Seeni Ammal, 2002 (1) SCc
    134, it is “looking at all the circumstances of the case; a
    “reasonable time” under ordinary circumstances; as soon as
    circumstances will permit; so much time as is necessary under the
    circumstances, conveniently to do what the contract requires
    should be done; some more protracted space than ‘directly’; such
    length of time as may fairly, and properly, and reasonably be
    allowed or required, having regard to the nature of the act or
    duty and to the attending circumstances; all these convey more or
    less the same idea”.

    39. According to Advanced Law Lexicon by P. Ramanatha Aiyar,
    3rd Edition, 2005 reasonable time means as follows :

    “That is a reasonable time that preserves to each party the rights
    and advantages he possesses and protects each party from losses
    that he ought not to suffer.

    “Reasonable time” is defined to be so much time as is necessary,
    under the circumstances, to do conveniently what the contract or
    duty requires should be done in a particular case.
    If it is proper to attempt any definition of the words “reasonable
    time”, as applied to completion of a contract, the distinction

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    given by Chief Baron Pollock may be suggested, namely, that a
    “reasonable time” means as soon as circumstances will permit.
    In determining what is a reasonable time or an unreasonable
    time, regard is to be had to the nature of the instrument, the
    usage or trade or business, if any, with respect to such
    instrument, and the fact of the particular case.
    The reasonable time which a passenger is entitled to alighting
    from a train is such time as is usually required by passengers in
    getting off and on the train in safety at the particular station in
    question.

    A reasonable time, looking at all the circumstances of the case; a
    reasonable time under ordinary circumstances; as soon as
    circumstances will permit; so much time as is necessary under -the
    circumstances, conveniently to do what the contract requires
    should be done; some more protracted space than “directly” such
    length of time as may fairly, and properly, and reasonably be
    allowed or required, having regard to the nature of the act or
    duty and to the attending circumstances; all these
    convey more or less the same idea.

    Reasonable time always depends on the circumstances of the
    case. (Kinney).

    It is unreasonable for a person who has borrowed ornaments for
    use in a ceremony to detain them after the ceremony has been
    completed and the owner has demanded their return. AIR 1930
    Oudh 395.

    The expression “reasonable time” means so much time as is
    necessary under the circumstances to do conveniently what the
    contract or duty requires should be done in a particular case”.

    [See: Joseph Severance v. Benny Mathew, 2005 (7) SCC 667]

    40. In all these cases at hand the factual aspects have not been
    examined, because the grievance appears to have been focused
    on the applicability of Sec. 77(1A)(b).”

    Further, at Para 19, it was observed as thus :

    “19. It must be fairly said that if the statute does not prescribe time-
    limit for exercise of revisional powers, it does not mean that such
    powers can be exercised at any point of time even if there is a breach
    of Sec. 43 of the Act, which is a provision which relates to a new
    tenure land, rather it should be exercised within a reasonable period
    of time. It is so because the law does not expect a settled thing to be
    unsettled after a long lapse of time. It is clear from various
    judgments of the Supreme Court that where a statutory provision for

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    exercise of any suo motu powers of revision does not prescribe any
    limitation, the powers must be exercised within a reasonable period
    of time even in the case of transaction which would be termed as
    void transaction.”

    9. We may also record that in the another decision of this Court in the
    case of Bhanji Devshibhai Luhar v. State of Gujarat, reported at 2011 (2)
    GLR 1676, the question arose for consideration of the initiation of the
    action after 17 years under the Ordinance itself wherein the provisions
    of Secs. 54 and 75 of the Ordinance were referred to in the show-cause
    notice and the action was initiated. This Court at Paragraphs 19 to 23,
    observed thus:

    “19. In this, background, it deserves to be considered that when the
    respondent’s action of scrutinizing the transaction in question after
    delay of 17 years is under consideration and when it is apparent that
    if the respondent’s action and decision are allowed to prevail and are
    not interfered with, the purchaser (i.e. the appellant), as a
    consequence of the said decision, will be deprived of the land
    purchased by him. before 17 years (by now almost 30 years) then in
    such facts, circumstances the aforesaid aspects i.e. the fact that the
    appellant has put the land in question for agricultural use only and
    has not used the land for any purpose other than agricultural use and
    has not changed its status and has even incurred expenditure to
    improve the quality of soil, would become relevant and would
    deserve due consideration.

    20. Even if the concept that the void action cannot be validated on
    the ground of belated action is applied in present case, then also, in
    view of the special facts and circumstances of present case it would
    be appropriate to take into account the peculiar facts of present case
    which emerge from the record viz. :

    (a) during the entire period of 17 years the vendor has not taken out
    any action in law against the transaction and any suit or proceeding
    for declaration or for any other relief does not appear to have been
    filed by the vendor.

    (b) the petitioner was an agricultural labourer at the time when the
    transaction was executed and was tiling and cultivating various
    agricultural lands.

    (c) The petitioner was also artisan i.e. engaged in the activity of
    preparing agri-tcols.

    (d) more important is the fact that even after purchasing the land in
    question, the petitioner has, as claimed by him, continued to use the
    land for agricultural purpose and the status or nature of the land in
    question as agricultural land is not changed and it continues to be

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    agricultural land (said factual assertion by the petitioner has not
    been disputed by the respondents and any contrary evidence is not
    placed on record)

    (e) the petitioner has also claimed that he has incurred substantial
    expenditure in improving quality of soil.

    (f) another important factor which, in the facts of present case, has
    emerged is that in view of the orders of the authorities it is only the
    vendor who will stand to gain/benefit since the land, even after the
    orders, will not vest in the government in absence of any provision
    providing for such consequential.

    21. In light of aforesaid facts of present case, we are of the view that
    while the conclusion and the decision of the competent and
    appellate authority holding the transaction in question as void, is in
    consonance with the provisions of the ordinance and cannot be
    faulted, in the interest of justice and equity, it also ought not be
    overlooked that the impugned action in exercise of the power under
    Sec. 75 of the Ordinance to summarily evict the petitioner, after
    having allowed the transaction to remain alive for 17 years not only
    ignores the wide chasm between the date of transaction and the
    dates of the notice and the order, but it also overlooks the fact that
    the petitioner has continued to put the land to use for agricultural
    purpose and has not changed the status and nature of the land and
    that he has also incurred expenditure to improve the quality of soil
    and invested further amounts for betterment of the land in question.
    The figures of such expenditure by the petitioner are not available on
    record, however the respondents have not disputed the said factual
    assertion by the petitioner.

    22. In backdrop of the aforesaid facts and circumstances, if we recall
    the observations by the Larger Bench in the case of Shailesh J. Varia
    (supra) to the effect that :

    “If delay of few months cannot be explained it would be beyond
    reasonable period. If a delay of years can be explained and
    justified it would be “within reasonable period” (emphasis
    supplied) and when we consider present case in light of said
    observations, then we have to record that from the material on
    file the respondents do not appear to have, in any manner,
    explained and justified the long-gap of 17 years in initiating the
    action. The said delay of 17 years has remained unexplained and
    unjustified. It is only defended on the ground that the transaction
    is statutorily void. However, while defending the action the
    aforesaid relevant aspects and the absence of explanation
    regarding delay are not being taken into account.”

    22.1. In this context, we may refer to the decision by the Apex Court

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    in the case between Smt. Sulochana Chandrakant Galande v. Pune
    Municipal Transport
    , AIR 2010 SC 2962, wherein, while considering
    the legal position with regard to Sec. 34 of Urban Land (Ceiling and
    Regulation) Act, 1976 observed in Paragraph 23 that :
    “23. The legislature in its wisdom did not fix a time-limit for
    exercising the revisional power nor inserted the words “at any
    time” in Sec. 34 of the Act, 1976. It does not mean that the
    legislature intended to leave the orders passed under the Act
    open to variation for an indefinite period inasmuch as it would
    have the effect of rendering title of the holders/ allottee(s)
    permanently precarious and in a state of perpetual uncertainty. In
    case, it is ássumed that the legislature has conferred an
    everlasting and interminable power in point of time, the title over
    the declared surplus land, in the hands of the State/allottee,
    would forever remain virtually insecure. The Court has to
    construe the statutory provision in a way which makes the
    provisions workable, advancing the purpose and object of
    enactment of the statute. In view of the above, we reach the
    inescapable conclusion that the Revisional powers cannot be used
    arbitrarily at belated stage for the reason that the order passed
    in Revision under Sec. 34 of the Act, 1976, is a judicial order. What
    should be reasonable time, would depend upon the facts and
    circumstances of each case.” (Emphasis supplied)
    22.2. We may also refer to a recent decision in the case between
    Krishnadevi Malchand Kamathia v. Bombay Environmental Action
    Group
    , 2011 (3) SCC 363, the Apex Court, has, with regard to void
    order, observed in Paragraph No. 16 that:

    “16. It is a settled legal proposition that even if an order is void, it
    requires to be so declared by a competent forum and it is not
    permissible for any person to ignore the same merely because in
    his opinion the order is void. In State of Kerala v. M. K.
    Kunhikannan Nambiar Manjeri Hind Rubber Industries (P) Ltd.
    ,
    1997 (3) SCC 443; M. Meenakshi v. Metadin Agarwal, 2006 (7)
    SCC 470 and Sneh Gupta v. Devi Sarup
    , 2009 (6) SCC 194, this
    Court held that whether an order is valid or void, cannot be
    determined by the parties. For setting aside such an order, even if
    void, the party has to approach the appropriate forum.”
    While
    referring to the earlier decisions in the case State of Punjab, 2007
    (11) SCC 363 as well as in the case of Sultan Sadik v. Sanjay Raj
    Sabba
    , 2004 (2) SCC 377 the Apex Court has observed:

    “19. Thus, from the above it emerges that even if the
    order/notification is void/voidable, the party aggrieved by the
    same cannot decide that the said order/notification is not binding
    upon it. It has to approach the Court for seeking such declaration.

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    The order may be hypothetically a nullity and even if its invalidity
    is challenged before the Court in a given circumstance, the Court
    may refuse to quash the same on various grounds including the
    standing of the petitioner or on the ground of delay or on the
    doctrine waiver or any other legal reason. The order may be void
    for one purpose or for one person, it may not be so for another
    purpose or another person.”

    23. Under the circumstances, upon considering the overall facts and
    circumstances of the present case and in light of the foregoing
    discussion and having regard to the fact that at the time of
    transaction, the petitioner was agricultural labourer and he
    purchased the land for agriculture use and since then he has
    maintained the status of the land and continues to put the land to
    agricultural use, the decision to compulsorily evict the petitioner
    after lapse of 17 years (by now almost 30 years) deserves to be set
    aside.

    23.1. One of the reasons for our aforesaid view and conclusion is that
    the only person who would benefit because of the orders of the
    lower authorities is the vendor who is party to the disputed
    transaction. The consequence of the impugned order by the
    authorities would, ultimately and eventually result into unjust
    enrichment for the vendor who entered into the transaction and has,
    since then not taken out any action in law before any competent
    Court against the transaction.

    23.2. Therefore, in view of the facts of the present case, and having
    regard to the aspects noted in Paras 20 to 23.1 above, we are
    inclined to set aside the impugned orders passed by the lower
    authorities. We order accordingly.”

    10. In our view, the above-referred well considered two decisions of this
    Court makes the position abundantly clear that if the action is to be
    initiated for setting aside of a transaction under the Ordinance by
    invoking Sec. 54 read with Sec. 75 of the Ordinance, it has to be within
    reasonable period. The above referred two decisions are in respect of
    the cases wherein the powers were exercised and proceedings were
    initiated after 5 years and 17 years respectively, whereas in the present
    case, it is after more than years. Hence, we find that the initiation of the
    action itself can be said as beyond reasonable period and the bar of
    delay and laches could operate against the authority in initiation of the
    action. The aforesaid aspect is coupled with two additional
    circumstances, one is that the land has changed hands further during
    the period of delay and the ownership is transferred by the purchaser to
    the another person and the second is that the revenue entries were
    mutated. Thereafter, they were also certified by the competent
    authority and in spite of that, no action was taken for cancellation of

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    such entry or otherwise or even for declaration of the transaction as
    invalid within reasonable period. If during the period of delay, the rights
    of the parties in the properties are altered, the delay would operate as a
    bar with more gravity and when the ownership is changed during the
    period of delay, the bar for not taking action within reasonable period
    would also operate with more gravity against the authority in initiation
    of the action.”

    Considering the above-stated principle of law laid down by the
    Division Bench of this Court, I am of the opinion that statutory
    powers are required to be exercised within a reasonable period
    of time and invocation of powers/issuance of show-cause notice
    after a reasonable period of time is without jurisdiction.
    Secondly, the consolidated show-cause notice has been issued
    without assigning any justifiable cause therein.

    7) In view of the aforesaid discussion, the present petition
    succeeds and is accordingly allowed. The impugned show cause
    notice No. RO/suo-moto-revision/Case No. 15/17 dated
    16.06.2017 issued by the respondent No. 2 – District Collector,
    Botad is hereby quashed and set aside. Rule is made absolute to
    the aforesaid extent.

    (DIVYESH A. JOSHI,J)
    GARVITA

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