NILESH RAMANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri Nikunt Raval, learned AGP, waives service of notice of rule on behalf of respondents.

(2.) By way of this petition under Article 226 of the Constitution of India, petitioner has prayed for an appropriate writ, direction and order to quash and set aside the impugned order dated 19.6.2009 made by the respondent No.2 and to direct the respondent No.2 to grant the application made by the petitioner for grant of Non-Agriculture (N.A.) Use permission for the residential use of the subject land, being Survey No.351/1, situated at Mota Kandagra, Tal. Mundra, District: Kachchh.

(3.) It is the case on behalf of the petitioner that petitioner has submitted an application for N.A. Use permission in the year 2008, the same is neither decided nor considered by the appropriate Authority i.e. Collector, Kachchh solely on the ground that there is a proposal to acquire the land in question under the provisions of the Land Acquisition Act and therefore, by impugned communication dated 19.6.2009, the application of the petitioner for N.A. Use is rejected.