PANKAJBHAI JAYANTIBHAI PALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned advocate for the petitioners has tendered a draftamendment. Amendment is allowed in terms of the draft. Same shall be carried out forthwith.

(2.) By this petition, inter alia, under Articles 226 and 227 of the Constitution of India, the petitioners have prayed for direction for quashing and setting aside the notices, both dtd. 23/3/2022 issued by the Collector, Tapi under the provisions of Sec. 67 and Sec. 73AA of the Gujarat Land Revenue Code, 1879 (hereinafter referred to as the 'Code'), respectively. By these notices, the petitioners have been required to show cause as to why the non agricultural permission (hereinafter referred to as the 'NA permission') issued by the Collector, shall not be cancelled. The edifice on which the notices have been issued is the NA permission was granted for industrial purpose, whereas, the petitioners, have been operating the multiplex theatre.

(3.) Mr Kirtidev R. Dave, learned advocate appearing for the petitioners, submitted that the District Development Officer, Tapi - Vyara has granted NA permission vide order dtd. 7/6/2017. It is submitted that the Collector, has now issued notice dtd. 23/3/2022, pointing out that there is a breach of condition nos.6 and 16 of the order dtd. 7/6/2017. The Deputy Collector, Tapi visited the site; however, that exercise was only an empty formality. It is submitted that the petitioners thereafter, had provided all the details by filing a reply, justifying that there is no lapse or any breach committed. The Collector, without considering the reply and without giving any opportunity, had issued show cause notices, both dtd. 23/3/2022, requiring the petitioners to remain present on 7/4/2022.