STATE OF GUJARAT Vs. PATIL RAGHAV NATHA

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the High Court of Gujarat (Vakil J. ) allowing the application filed by Patel Raghav Natha, respondent before us and hereinafter referred to as the petitioner, and quashing the order dated October 12, 1961. passed by the Commissioner, Rajkot Division. The Commissioner by this order had set aside the order of the Collector, dated July 2, 1960, granting permission to the petitioner to use some land in Survey No. 417 for non-agricultural purposes.

(2.) In order to appreciate the contentions raised before us it is necessary to set out a few facts. The petitioner was a resident of the State of Rajkot and at an auction effected by the State he acquired on or about September 22. 1938, agricultural land bearing survey No. 417 which in all measured about 12 acres and 12 gunthas After some acquisitions by the State out of this survey number be was left with 2 acres and 10 gunthas of agricultural land. On October 20, 1958, the petitioner applied to the Collector for permission to convert this land to non-agricultural use, under sec. 65 of the Bombay Land Revenue Code. 1879, hereinafter referred to as the Code. This petition was first rejected by the Collector, but the Divisional Commissioner remanded the matter to the Collector. On remand, the then Collector of Rajkot, after holding an enquiry, granted permission to the petitioner to use the land for non-agricultural use by his order dated July 2, 1960. Pursuant to this order a sanad was issued by the Collector to the petitioner on July 27. 1960. It appears that the sanad was amended on November 3, 1960 and December 1, 1966. The sanad was in form Ml and a number of conditions were appended to the sanad. Condition 6 of the main sanad provided that "save as herein provided, the grant shall be subject to the provisions of the said Code. " The special conditions originally included a condition that the land shall be used exclusively for constructing residential houses (condition 5) but this condition was altered in November, 1960.

(3.) It appears that the Municipal Committee of Rajkot had objected to the grant of permission before the Collector when a sketch of the land was sent to the Municipality. The objections as they appear from the order of the Collector granting the sanad were directed against the accuracy of the sketch, showing the northern and the western corners of the Ramkrishna Ashram, and regarding the boundaries and situation of the roads in survey Nos. 417 and 418. The Collector had overruled the objection.