Gujarat High Court
Bhanabhai Bapudiyabhai Patel vs State Of Gujarat Thro on 15 March, 2013
Author: Harsha Devani
Bench: Harsha Devani
BHANABHAI BAPUDIYABHAI PATEL....Petitioner(s)V/SSTATE OF GUJARAT THRO SECRETARY C/SCA/2993/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO.2993 of 2013 ============================================= BHANABHAI BAPUDIYABHAI PATEL....Petitioner(s) Versus STATE OF GUJARAT THRO SECRETARY & 4....Respondent(s) ============================================= Appearance: MR SATYAM Y CHHAYA, ADVOCATE for the Petitioner(s) No.1 GOVERNMENT PLEADER for the Respondent(s) No.1 ============================================= CORAM: HONOURABLE MS. JUSTICE HARSHA DEVANI Date : 15/03/2013 ORAL ORDER
1. Mr. Satyam Chhaya, learned advocate for the petitioner has drawn the attention of the court to the provisions of sub-section (4) of section 73AA of the Bombay Land Revenue Code, 1879 to submit that under the said provision, the Collector either suo motu at any time or on an application made by the transferor or his successor in interest at any time within three years from the said date (27/12/1985) or the date of such transfer, whichever is later, after issuing the notice to the transferee or his successor in interest as the case may be, can take action under the provisions of section 73AA of the Code. It is inter alia submitted that in the present case, proceedings under section 73AA have been initiated at the instance of the successor in interest of the tribal transferor and as such, such application was required to be made within three years from the date of transfer whereas in the facts of the present case, such application has been made after a period of about twenty-five years from the date of such transfer. Under the circumstances, the Collector could not have entertained such application.
2. In view of the submissions advanced by the learned advocate for the petitioner, issue notice returnable on 29th April, 2013. in the meanwhile, the parties shall maintain status quo in respect of the subject land.
Direct Service is permitted.
( Harsha Devani, J. ) hki Page 2 of 2