ASHWINSINH HEMENDRASINH SARVAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order dtd. 17/4/2017 passed by respondent no.1, rejecting the Revision Application No.6/2015 and confirming the order dtd. 22/7/2015 passed by the respondent no.2 rejecting the application made by the petitioner for grant of NA permission under the provisions of Sec. 65 of the Gujarat Land Revenue Code, 1879 (hereinafter referred to as the Code) for want of Non agricultural permission, the petitioner has preferred this petition under Article 226 of the Constitution of India for the following reliefs:-

(2.) The brief facts of the petitioners case are that he is a bonafide purchaser of the agricultural land bearing survey no.58 admeasuring 11,331 square meters and revenue survey no.59 admeasuring 11,129 square meters and another parcel of land admeasuring 3035 square meters admeasuring aggregate 14,366 square meters of mouje Bedi, Rajkot from one Shri Ramji Mandir Trust, pursuant to the permission granted by the Charity Commissioner under Sec. 36 of the Bombay Public Trust Act, 1950 (hereinafter referred to as "the Act").

(3.) Heard, learned senior advocate Mr.Mehul Sharad Shah assisted by learned advocate Mr.Kishore Prajapati for the petitioner and learned AGP Mr.Nikunj Kanara for the State at length. Perused the material placed on record and the decisions cited at bar.