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Issues involved: Validity of sale deeds under Section 84-C of the Bombay Tenancy and Agricultural Lands Act, 1948 as applicable to the State of Gujarat.
Judgment Summary: 1. The appellant purchased two plots from the respondent, and the name was mutated in the record of rights. A suo motu enquiry was initiated by the Mamlatdar under Section 84-C of the Act regarding the validity of the sale deeds. The Mamlatdar held the sales invalid as the appellant was not an agriculturist from Gujarat. Appeals against this decision were dismissed. 2. The appellant argued that the impugned order should be set aside as the suo motu power was not exercised within a reasonable time, even though Section 84-C does not specify a time limit. Citing previous judgments, it was emphasized that statutory powers must be exercised within a reasonable time. The appellant faced potential irreparable harm due to investments made post-purchase. Referring to a specific case, it was highlighted that the power under Section 84-C should be exercised promptly. 3. The Court agreed that the Mamlatdar did not exercise the suo motu power within a reasonable time. Consequently, the appeal was allowed, impugned orders were set aside, and no costs were awarded.
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