RUPSINH PRABHATSINH CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave to amend the prayer and the title and to convert this petition also into one under Art. 226 of the Constitution of India.

(2.) The petitioners have challenged the judgment and order dated 11-12-1993 passed by the Deputy Secretary (Appeals), Revenue Department, Ahmedabad in Revision Application No. 5 of 1993 whereby the Revision filed by the petitioners came to be rejected confirming the order of the Collector, Godhra in Revision Application No. 23 of 1992 dated 31-3-1993 and also confirming the order of the Assistant Collector recorded on 7-11-1992 in Case No. 62 of 1991, by filing this petition under Arts. 226 and 227 of the Constitution of India.

(3.) The learned Counsel Mr. Patel appearing for the petitioners has raised the following two contenions : (1) That the proceedings could not have been initiated after a lapse of period of about 12 years from the date of transaction; (2) That the authorities below should not have merely relied on the entry in the revenue record about the new tenurability and should have found out the source. The aforesaid two contentions are resisted and countenanced by the learned Assistant Government Pleader Mr. Uraizee, who has fully supported the impugned orders.