Case Note & Summary
The petitioner, Hitenbhai Gumanbhai Modi, filed a Special Civil Application under Article 227 of the Constitution of India challenging the order dated 18.05.2024 passed by the learned Special Secretary, Revenue Department (SSRD) in Revision Application No.84/2023, which confirmed the order dated 09.03.2023 passed by the District Collector, Bharuch in suo-motu revision. The dispute pertains to land bearing Survey No. 3298. The petitioner had purchased the land by a registered sale deed and entry No.3298 was mutated in the revenue records on 13.06.2012 based on the Deputy Collector's order dated 31.05.2012. After 11 years, the District Collector initiated suo-motu revision proceedings and cancelled the entry without issuing any notice to the petitioner. The SSRD upheld the Collector's order. The petitioner contended that the suo-motu revision was barred by limitation and that no opportunity of hearing was afforded to him. The State authorities argued that the revision was within power. The High Court held that the exercise of suo-motu revisional power after 11 years was grossly delayed and not within a reasonable period. Further, the orders were passed in violation of principles of natural justice as the petitioner was not heard. The Court quashed both the impugned orders and restored the entry No.3298 and all subsequent revenue entries based on registered sale deeds. Rule was made absolute.
Headnote
A) Constitutional Law - Article 227 - Supervisory Jurisdiction - High Court can interfere with orders of quasi-judicial authorities if they suffer from jurisdictional error or violation of natural justice - Held that the SSRD's order confirming the Collector's suo-motu revision after 11 years without notice to the petitioner was unsustainable (Paras 1-13). B) Land Revenue - Suo-Motu Revision - Limitation - Gujarat Land Revenue Code, 1879 - Section 108 - Suo-motu revision must be exercised within a reasonable period - Held that revision after 11 years is grossly delayed and invalid (Paras 4-13). C) Land Revenue - Revenue Entry - Registered Sale Deed - Validity - Revenue entry based on a registered sale deed cannot be cancelled in revision without giving opportunity of hearing to the person in whose favour the entry is made - Held that the impugned orders violated principles of natural justice (Paras 4-13).
Issue of Consideration
Whether the learned SSRD and District Collector were justified in exercising suo-motu revisional powers after 11 years to cancel a revenue entry based on a registered sale deed, without issuing notice to the petitioner who was the affected party.
Final Decision
The High Court allowed the petition, quashed the order dated 18.05.2024 passed by the SSRD and the order dated 09.03.2023 passed by the District Collector, and restored the order dated 31.05.2012 passed by the Deputy Collector and entry No.3298 along with all other revenue entries pertaining to registered sale deeds. Rule made absolute.
Law Points
- Article 227 of the Constitution of India
- Gujarat Land Revenue Code
- 1879
- Suo-Motu Revision
- Limitation for Revision
- Natural Justice
- Right to be Heard
- Registered Sale Deed
- Revenue Entry
