MAKSHUDBEN BASIRBHAI SHAIKH Vs. SPECIAL SECRETARY REVENUE DEPARTMENT

JUDGEMENT

(1.) By this petition, inter alia, under Article 226 of the Constitution of India, the petitioners, have challenged the order dtd. 30/4/2021 passed by the learned Secretary, Revenue Department (Appeals), Ahmedabad (hereinafter referred to as the 'learned Secretary') by which, the order dtd. 4/7/2019 passed by the Collector, Kheda, refusing grant of non agricultural permission, has been confirmed. The matter was heard at length on 27/7/2022.

(2.) Mr M.M. Saiyed, learned advocate with Mr Waris A. Alvi, learned advocate appearing for the petitioners submitted that the petitioners, since were desirous of change of use of the land from cinema to petrol pump, submitted an application which, came to be rejected by the Collector by passing the order dtd. 4/7/2019. It is submitted that what weighed with the Collector was that the sale deeds, have been executed for more area than the area in possession of the petitioners of land bearing survey no.98/3. Such observation, appears to be erroneous inasmuch as, survey no.98 was admeasuring 4047 sq. mtrs. and was of the ownership of the petitioners.

(3.) Somewhere in the year 2004 and onwards, the petitioners had executed five sale deeds in favour of respective sellers and the total area, would be around 98 sq. mtrs. What was left with the petitioners thereafter, was 1315 sq. mtrs. It is further submitted that in the year 2009, sale deed was executed in favour of the private respondent for land admeasuring 2074 sq. mtrs. and in the year 2011, another sale deed of land admeasuring 560 sq. mtrs., was executed in favour of another private respondent.