TMI Blog2003 (2) TMI 518X X X X Extracts X X X X X X X X Extracts X X X X ..... esh (Telangana Area) Land Revenue Act, 1950 (in short 'the Tenancy Act'). The suo motu action was taken on the ground that there were irregular assignments in favour of the original assignees and there were clear violations of several stipulations and conditions provided under the Special Loani Rules (in short 'the Rules). Transfers made by the original assignees were illegal. The land situated in Banjara hills area of Shaiktpet village, a prime locality and in view of the contraventions of the conditions stipulated under Sections 47 and 48 of the Tenancy Act, the assignments were to be cancelled. As there was no response in spite of valid notice, order of cancellation was passed on 18.12.1984. It was indicated that even though ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion was set aside by upsetting the directions of learned Single Judge. Mr. Altaf Ahmed, learned Additional Solicitor General appearing for the State of Andhra Pradesh and its functionaries submitted that approach of the Division Bench was clearly on untenable premises. Reference was made to Section 3 of the Prohibition Act, 1977 to contend that it contains a deemed provision, and assignments before and after the commencement of the Prohibition Act were covered. The said Act was enacted in the year 1977. When specific instances of illegal assignments came to the notice of the authorities, a special task force was constituted in the year 1981 and on the basis of decision taken by the concerned authorities action for cancellation was initia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere cannot be any empirical formula to determine that question. The Court/authority considering the question whether the period is reasonable or not has to take into account the surrounding circumstances and relevant factors to decide that question. In State of Gujarat v. Patel Raghav Natha and Ors. (AIR 1969 SC 1297) it was observed that when even no period of limitation was prescribed, the power is to be exercised within a reasonable time and the limit of the reasonable time must be determined by the facts of the case and the nature of the order which was sought to be varied. This aspect does not appear to have been specifically kept in view by the Division Bench. Additionally, the points relating to applicability of the Prohibition Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts of each case established before you can ascertain what is reasonable under the circumstances. Reasonable, being a relative term is essentially what is rational according to the dictates of reason and not excessive or immoderate on the facts and circumstances of the particular case. It is to be noted that the respondents questioned correctness of the orders passed by the Collector by filing writ petitions. As noted above, learned Single Judge had directed the issues to be considered by the original authority. It is a settled proposition in law that even jurisdictional questions can be considered by an authority deciding the question whether proceeding was validly initiated or not. We find that all the relevant aspects have not b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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