AIR 1969 SUPREME COURT 1297 ::1970 (1) SCJ 251 ::1970 (1) SCR 335 ::1972 Bom LR 346

Supreme Court Of India

(From Gujarat: (1965) 6 Guj LR 34)

Hon'ble Judge(s): S. M. Sikri, R. S. Bachawat, K. S. Hegde , JJJ

Bombay Land Revenue Code (5 of 1879) , S.65— Power of Commissioner to revise order made under S. 65 - Limitation - Power must be exercised within a few months - commissioner must give reasons for his conclusions - Commissioner not empowered to decide in these proceedings, question of title against occupant. Although there is no period of limitation prescribed under Sec. 211 the power of the Commissioner to revise under Section 65 must be exercised in reasonable time must be determined by the facts of the case and the nature of the order which is being revised. In this regard Sec. 65 itself indicates the length of the reasonable time within which the Commissioner must act under Section 211. Under Section 65 of the Code if the Collector does not inform the applicant of his decision on the application within a period of three months the permission applied for shall be deemed to have been granted. This section shows that a period of three months is considered ample for the Collector to make up his mind and beyond that the legislature thinks that the matter is so urgent that permission shall be deemed to have been granted. Reading Sections 211 and 65 together it is clear that the Commissioner must exercise his revisional powers within a few months of the order of the Collector. This is reasonable time because after the grant of the permission for building purpose....