BHARAT TAPUBAHI PAGHDAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed by the petitioner for following reliefs:-

(2.) The issue pertains to treating the land in question to be a new tenure while granting permission for use of land for commercial cum residential purpose. Learned advocate for the petitioner submitted that earlier for converting the land for NA the rate of Rs.10,000.00 was already charged and paid. Today also, the amount calculated for the purpose of change in purpose to commercial cum residential, an amount of Rs.1,44,69,650.00- has been paid and has now filed the present petition for refund of the same. However, the Court finds that as the submission made by learned advocate for the petitioner is that the land in question was an old tenure and by mistake, the authorities have treated the said to be a new tenure land and thereby charging premium for the purpose of conversion to residential cum commercial purpose. The said decision of treating the land as a new tenure land, the petitioner has made a representation against such considering of the land as new tenure land by a communication dtd. 30/3/2022, addressed to the Collector, Surat.

(3.) The petition stands disposed of with a liberty to the petitioner to pursue the aforesaid communication before the Collector. The outcome of the communication be sent to the petitioner expeditiously. It is made clear that the Court has not entered into the merits of the case. Direct service is permitted.