PATEL LAVJIBHAI DAMJIBVHAI KANANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Articles 226 and 227 of the Constitution of India, the petitioners have challenged the order passed by the Principal Secretary, Revenue Department dated 24/28.12.2004 in Revision Application No. MVV/BKHP/RJT/2/99, whereby the Principal Secretary confirmed the order passed by the District Development Officer, Rajkot dated 11.3.1999.

(2.) THE facts which can be carved out from the record of the petition are that the petitioners are occupiers of the shops situated upon the land bearing survey No.206 part admeasuring 2 acres and 31 gunthas of Village Veraval, Taluka Kotdasangani, District Rajkot. It transpires from the record of the petition that upon an application made by Jiva Popat and Trikam Popat dated 30.10.1987, the competent authority i.e. Taluka Panchayat, Kotdasangani by an order dated 26.12.1987 granted permission for conversion of the land in question from agricultural purpose to industrial purpose. The aforesaid order was passed pursuant to the resolutions passed by the competent authorities under the Bombay Land Revenue Code. It transpires from the record that the aforesaid permission was granted along with the layout plan submitted by the original owner Jiva Popat and Trikam Popat, as aforesaid, for the industrial purpose which came to be sanctioned.

(3.) BEING aggrieved by the aforesaid orders, the present petitioners who are occupiers of 11 shops have filed the present petition. On 22.3.2005, this Court (Coram: Jayant Patel, J.) while issuing notice, ordered that the status-quo to be maintained. This Court (Coram: Akil Kureshi, J.) by order dated 2.8.2005 admitted the matter and granted ad-interim relief.