Gujarat High Court Quashes Collector's Order Cancelling Sale of Vidi Lands Under Saurashtra Estate Acquisition Act, 1952 — Holds That Collector's Suo Motu Power Under Section 37(2) of Gujarat Land Revenue Code, 1879 Is Barred by Limitation After 12 Years and Petitioners Have Acquired Title by Adverse Possession.

A) Land Law - Vidi Lands - Saurashtra Estate Acquisition Act, 1952, Section 2(a) - The lands in question are Vidi lands as defined under Section 2(a) of the Act, which were reserved for grazing cattle or cutting grass by a Girasdar or Birkhalidar as on 17.04.1951. The petitioners purchased these lands by registered sale deed dated 10.02.2006. The Collector issued impugned communications dated 17.11.2023 and 31.07.2024 cancelling the mutation entries and ordering eviction. The Court held that the Collector's action was barred by limitation under Section 37(2) of the Gujarat Land Revenue Code, 1879, as the sale had taken place more than 12 years prior. (Paras 2.1-2.2, 4.1-4.2)

B) Limitation - Suo Motu Power of Collector - Section 37(2) Gujarat Land Revenue Code, 1879 - The Collector cannot exercise suo motu power to cancel mutation entries after a period of 12 years from the date of the transaction. The Court relied on the principle that the power under Section 37(2) must be exercised within a reasonable period, and 12 years is the prescribed limitation. The impugned communications were issued in 2023 and 2024, whereas the sale deed was executed in 2006, well beyond the limitation period. (Paras 4.1-4.2)

C) Adverse Possession - Title by Possession - The petitioners have been in possession of the lands since 2006, i.e., for over 12 years, and have thus perfected their title by adverse possession. The Court noted that the State's right to reclaim the lands is extinguished by the lapse of time. (Para 4.2)

D) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - The High Court can interfere with orders passed by the Collector that are without jurisdiction or barred by limitation. The Court quashed the impugned communications and directed the respondents to maintain status quo in respect of the lands in question. (Paras 1, 5)

Whether the Collector has the power to suo motu cancel mutation entries and order eviction in respect of Vidi lands after a period of 12 years from the date of sale, and whether the petitioners have acquired title by adverse possession.

• Vidi lands under Saurashtra Estate Acquisition Act
• 1952
• Section 2(a)
• Section 37(2) Gujarat Land Revenue Code
• 1879
• adverse possession
• limitation period
• Collector's suo motu power
• mutation entry
• Article 226 Constitution of India