JAYANTIBHAI SHAMLBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner have preferred this petition under Article 226 of the Constitution of India against the communication/ order dtd. 11/4/2018 passed by the learned District Collector, Vadodara whereby the application preferred by the petitioners for availing NA Permission under Sec. 65 of the Gujarat Land Revenue Code is filed. The petitioner has sought for the following reliefs:

(2.) The brief facts as emerges from the petition are as under:-

(3.) During the interregnum period, the petitioner purchased the land in question by way of a registered sale deed dtd. 18/7/2000, which was mutated vide entry no.2549 dtd. 12/1/2001 and the same came to be certifed and thereafter the petitioner filed application under Sec. 65 of the Land Revenue Code for converting the land from old tenure to new agricultural purpose for residential use vide application dtd. 25/5/2009. The same came to be disallowed by the Deputy Collector on the ground that opinion of the Deputy Collector (LR) was not submitted with an observation that in case of non-agricultural dues, proceedings under Sec. 66 of the Code shall be initiated against the petitioners.