LexSTATE OF GUJARAT versus PATEL RAGHAV NATHA & ORS.
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A B c D E F G H 315 STATE OF GUJARAT v. PATEL RAGHA V NATHA & ORS. A,pril 21, 1969 [S. M. SIICRI, R. S. BACHAWAT AND K. S. IIEGDE, JJ.J Bombay Land Revenue Code, 1879, ss. 65 and 211~ollector's order granting permission to convert agricultural land to non-agricultural use as building site-Commissioner setting aside order a year /ater-Validity- Commissioner's power to go into question of title-Dut,v to give reasons for decision. The responden~ who was an occupant of agricultural land applied to the Collector, under s. 65 of the Bombay Land Revenue Code, 1879, for permission to convert the land to non-agricultural use. The Collector gave the permission in July 1960 on condition that the land shall be used exclusively for constructing residential houses. The Municipal Committee,.. which had objected to the grant of permission before the Collector, moved the Commissions for exercising his powers under s. 211 of the Code. The CommisSioner, in October, 1961, passed an order in which, after re- citing the objections of the Municipality and the arguments of counsel he boldly stated hi• concl,llsion that r'1e land did not belong to the respondent and set aside the Collector's order without giving any reasons. The Com- missioner's order was quashed by the High Court on the ground that the Commissioner had no authority to pass the order under s. 211 of the Code. In appeal to this Court, HELD : The Commissioner's order was rightly quashed. (a) Under s. 65 of the Code, if the Collector does not inform an applicant of his decision on the application, within a period of 3 months, the permission applied for 'Shall be deemed to have beeit granted. Though no SU.ch period ts prescribed by s. 211, reading the two sections together it must be held that the Commissioner also must exercise his revisional powers within a reasonable time of the Collector's order. What is reason- able would depend on the facts of the case. In the case when the permis- sion is for building purposes, the Commissioner should exercise his power within a few months of the Collector's order, because, after the grant of the permission the occupant is likely to spend money on building opera- tions within a few months of the date of permission. Since the o·rder of the Commissioner in the present case was passed more than a year after the Collector's order, the order should be set aside. [343 E-H] (b) The order should also -be quashed on the ground that the Com- missioner had not given any reasons for his conclusions. [343 H] ( c) The Commissioner also erred in going into the question of title, because, when there was a serious dispute regarding title, !le should have referred the parties to a competent court and not decide it himself. [344 BJ CIVIL APPELLATE Jt'RISDICT!ON : Civil Appeals No. 723 of 1966. Appeal by special leave from the judgment and order dated July 25, 26, 1964 of the Gujarat High CQ\lft in Special Civil Application No. 31 of 1962. 336 SUPREME COURT REPORTS (I 970j I S.C.R R. H. Dhebar, Urmila Kapror and S. P. Nayar, for the appel· A !ant. Purshollam Trikamdas and /. N. Shroff, for respondent No. 1. N. S. Bindra and K. L. Hathi, for respondent No. 3. The Judgment of the Court was delivered by B Sikri, J. This appeal by special leave is directed against. the judgment of che High Court of Gujarat (Vakil, J.) allowing the application filed by Pace! Ragbav Natha, respondent before us and hereinafCer referred co as the petitioner, and quashing the order daced October 12, 1961, passed by the Commissioner, Rajkot Division. The Commissioner by this order had set aside C th~ order of che Collector, dated July 2, I 960, granting pennis- sion co che pecicioner co use some land in Survey No. 417 for non· agricultural purpo'es. In order co appreciate che contentions raised before us ic is necessary to sec ouc a few facts. The petitioner was a resident of the Stace of Rajkoc and ac an auction effected by the State he acquired on or about September 22, 1938, aj!ricultural land bear- D ing survey No. 417 which in all measured about 12 acres and 12 ganthas. After some acquisitions by the Scace out of this survey number he was left with 2 acres and 10 ganthas of agri- cultural land. On October 20, 1958, the petitioner applied to che Collector for permission lo converc chis land to non-agricultu- ral use, under s. 65 of che Bombay Land Revenue Code, 1879, hereinafter referred to
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