HITESHBHAI MAHENDRABHAI RUPAREL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has challenged the show cause notice dtd. 26/11/2021 issued by the Mamlatdar and ALT, Anjar, Kutch in respect of the proceedings numbered as Ga.Dha.Case No.Tenancy/122 Case No. 16/2021.

(2.) Heard learned advocate Mr. D. K. Puj for the petitioner and learned AGP Mr. Nikunj Kanara for the respondent - State.

(3.) Learned advocate Mr. D. K. Puj for the petitioner states that the impugned show cause notice is issued after delay of 26 years. While issuing the show cause notice, the Mamlatdar and ALT, Anjar has not taken into consideration the fact that the land was already amalgamated and thereafter, out of total land more than 98,000 sq. mtrs. of land was converted into Non Agricultural Land and therefore, in respect of N.A. land, any Act meant for agricultural land would not operate and therefore, the show cause notice is without jurisdiction. Therefore, learned advocate Mr. Puj for the petitioner prays for stay of the further proceedings. Learned advocate Mr. D. K. Puj also submits that the show cause notice has been given with a malafide intention at the instance of one of the relatives of the present petitioner.