ARUNABEN KANUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has filed this petition under Article 226 of the Constitution of India, praying for quashing and setting-aside the order passed by the learned Secretary (Appeals), Revenue Department, Gujarat State, Ahmedabad on 23rd November 1993, cancelling the N.A. permission granted by the District Development Officer vide his order dated 9th July 1986.

(2.) THIS Court has issued notice on 8th December 1994 and ad-interim relief in terms of paragraph 7(C) of the petition was granted. The ad-interim relief granted was ordered to be continued subject to reserving liberty to the respondent to move appropriate application for vacating the interim relief. During the pendency of this petition, the petitioner has expired and her heirs and legal representatives are brought on record on 11th May 2009.

(3.) MR.A.R.Majmudar, the learned advocate appearing for the petitioner has raised two-fold contentions while challenging the impugned order. He submitted that the petitioner has applied for N.A. permission only to the extent of land retained by him. He has further submitted that the order granting N.A. permission was taken in suo-motu review by the learned Secretary after 7 years, which is contrary to the settled legal position. He has, therefore, submitted that the impugned order deserves to be quashed and set-aside.