1996 (8) TMI 537

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..... s and Survey Plot No. 372/1 +2 measuring an area of Ac. 3.18 gunthas. On the basis of aforesaid purchase the name of the appellant was mutated in the record of rights on 14-2-1973. It appears that in September 1976 the Mamlatdar of the area concerned initiated a suo motu enquiry under Section 84-C of the Bombay Tenancy and Agricultural Lands Act, 1948 as applicable to the State of Gujarat, (herein .....

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..... Act does not prescribe any time for initiation of the proceeding. But in view of the settled position by several judgments of this Court that wherever a power is vested in a statutory authority without prescribing any time-limit, such power should be exercised within a reasonable time. In the present case the transfer took place as early as in the year 1972 and suo motu enquiry was started by the .....

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..... s prescribed for exercise of a power under a statute it does not mean that it can be exercised at any time; such power has to be exercised within a reasonable time. We are satisfied that in the facts and circumstances of the present case, the suo motu power under Section 84-C of the Act was not exercised by the Mamlatdar within a reasonable time. Accordingly, the appeal is allowed. The im .....

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