State Not Required To Explain Delay On Day-To-Day Basis But There Has To Be Some Reasonable Ground: Gujarat HC Quashes Revenue Tribunal’s Order Condoning 22-Yr-Long Delay
The Gujarat High Court quashed an Order of the Gujarat Revenue Tribunal condoning delay of approximately 22 years and 8 months and observed that while the State, considering that it is an impersonal machinery, is not required to explain delay on day-to-day basis but at the same time there has to be at least some reasonable grounds made out for condonation of such a huge delay.
The Petitioner challenged the order of the in-charge Chairman, Gujarat Revenue Tribunal, Ahmedabad whereby delay of approximately 22 years and 8 months in challenging order passed by the Deputy Collector was condoned.
The Single-Judge Bench of Justice Nikhil S. Kariel said, “Perusing the order passed by the learned Gujarat Revenue Tribunal it appears that no reasons much less sufficient reasons for condoning delay of more than 22 years, has been taken into consideration.”
Advocate Vishvesh R. Acharya represented the Petitioners while Assistant Government Pleader J K Shah represented the Respondents.
The facts of the case suggested that an order dated August 30,1996 passed by the Deputy Collector whereby the tenure of the land from restricted tenure to unrestricted tenure for the purpose of agriculture activity, had been challenged by the State before the Gujarat Revenue Tribunal by preferring a Revision Application.
An application for condoning delay in preferring the revision application had also been filed and whereas the said application had been allowed by the Gujarat Revenue Tribunal.
“It would appear that while the State, considering that it is an impersonal machinery, is not required to explain delay on day-to-day basis but at the same time, to this Court it would appear that there has to be atleast some reasonable grounds made out for condonation of such a huge delay”, the Bench said.
The Bench observed that on absolutely vague and ambiguous observations namely that whenever the Government for public purpose bifurcates districts, complex situation arises and on account of the same sometimes issues like the present, escape the notice of the Government authorities therefore, good cause for condoning delay of more than 22 years according to the Gujarat Revenue Tribunal is made out.
“In view of the long delay, which has occurred, it was necessary and expected of the revision applicants- State to have made out a good cause for condonation of delay and whereas the same was required to be considered by the learned Gujarat Revenue Tribunal in accordance with law and in accordance with the law down by the Hon’ble Supreme Court as well as this Court”, it added.
Noting that the reasonings, which weighed with the Gujarat Revenue Tribunal couldn’t be treated to be sufficient cause for condoning delay of such a nature, the Bench held, “At the same time, since the order is being interfered on the ground that it is almost akin to a non-speaking order, appropriate opportunity also requires to be afforded to the State for making out a case for condoning delay and the learned Gujarat Revenue Tribunal is required to be directed to consider the same within a specific time limit.”
Quashing the Impugned order of the Gujarat Revenue Tribunal, the Bench directed the Revenue Tribunal to revive the revision application along with the application for condonation of delay.
Cause Title: Legal Heirs of Deceased Jamalsha Ibramsha Rafai & Ors. v. Gujarat Revenue Tribunal & Ors. [Case No.-R/Special Civil Application No. 11749 of 2024]
Appearance:
Petitioners: Advocate Vishvesh R. Acharya
Respondents: Assistant Government Pleader J K Shah
