RAJABHAI PATABHAI SUTHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226 of the Constitution of India, for following reliefs:-

(2.) Heard learned advocate Mr.N.P.Gandhi for the petitioner and learned AGP Ms.Urmila Desai for the State.

(3.) Learned advocate Mr.Gandhi for the petitioner has submitted that application for NA permission of the petitioner came to be filed only on the ground that Letters Patent Appeal is pending before this Court. He has submitted that this is not a legal ground for passing the order of filing the application of the petitioner. He has vehemently submitted that there is no stay or prohibitory order passed qua the land in question by any Court of law and, therefore, the stand taken by the Collector that the State Government is in the process of filing Letters Patent Appeal is not justified. He has also contended that the order of Collector is patently incorrect and is contrary to the law laid down by this Court in catena of decisions. He has also submitted that the impugned order is contrary to the provisions of Section 65 of the Gujarat Land Revenue code and the Collector cannot file the application for NA permission on the grounds unknown to law. He has submitted that earlier also the petitioner had approached this Court, at that time, the Court had set aside the order of Collector and directed him to reconsider the same. However, inspite of such direction now the Collector has taken a stand that due to pendency of Letters Patent Appeal, NA permission is refused. He has relief upon following decisions:-