Case Note & Summary
The petitioner, M/S Anchor Daewoo Industries Ltd, filed a Special Civil Application under Article 226 of the Constitution of India challenging two orders: (1) order dated 07.01.2017 passed by the Collector, Kutch, and (2) order dated 28.03.2018 passed by the Special Secretary (Appeals) in Revision Application No. MVV/GANOT/KUTCH/01/2017. The petitioner had purchased agricultural land in Kutch and applied for conversion of land use under Section 65B of the Gujarat Land Revenue Code, 1879. The Mamlatdar and ALT initially passed an order dated 21.09.2015 in favor of the petitioner. However, the Collector suo motu initiated revision proceedings under Section 89A of the Gujarat Tenancy and Agricultural Lands Act, 1958 and set aside the Mamlatdar's order without issuing any notice or hearing to the petitioner. The petitioner's appeal before the Special Secretary was dismissed as time-barred. The High Court held that the revision application was filed beyond the prescribed period of limitation without any application for condonation of delay, and the Collector's order was passed in violation of natural justice. The court quashed both impugned orders and directed the Collector to process the petitioner's application under Section 65B of the Gujarat Land Revenue Code, 1879 on its own merits without being influenced by the proceedings.
Headnote
A) Gujarat Tenancy and Agricultural Lands Act, 1958 - Limitation for Revision - Section 89A - Revision application filed beyond the prescribed period of limitation without any application for condonation of delay - Held that the revisional authority cannot entertain a time-barred revision and the order passed is without jurisdiction (Paras 10-15). B) Natural Justice - Right to Hearing - Section 89A - Order passed by Collector without issuing notice or giving opportunity of hearing to the petitioner - Held that such order is in gross violation of principles of natural justice and liable to be set aside (Paras 16-20). C) Gujarat Land Revenue Code, 1879 - Section 65B - Application for conversion of land use - Collector directed to process the application under Section 65B without being influenced by the impugned orders - Held that the petitioner is entitled to have its application considered on merits (Paras 21-25).
Issue of Consideration
Whether the revision application under Section 89A of the Gujarat Tenancy and Agricultural Lands Act, 1958 was filed within the prescribed period of limitation and whether the impugned orders were passed in violation of principles of natural justice.
Final Decision
The High Court allowed the petition, quashed and set aside the order dated 07.01.2017 passed by the Collector, Kutch, and the order dated 28.03.2018 passed by the Special Secretary (Appeals). The court directed the Collector to process the petitioner's application under Section 65B of the Gujarat Land Revenue Code, 1879 on its own merits without being influenced by the proceedings.
Law Points
- Natural justice
- Limitation for revision
- Section 89A Gujarat Tenancy and Agricultural Lands Act
- 1958
- Section 65B Gujarat Land Revenue Code
- 1879
- Section 122 Gujarat Land Revenue Code
