RATNAJI PREMAJI BHIL Vs. COLLECTOR BANASKANTHA

JUDGEMENT

(1.) BY way of this petition under Articles 226 / 227 of the Constitution of India, the petitioners have prayed for an appropriate writ, direction and order to quash and set aside the impugned orders / notices at Annexures P, Q, R and T to the petition dated 15th December, 2003, 3rd February 2004, 12th February 2004 and 13th April 2004 respectively, by which, the respective authorities have determined the premium for non agricultural use permission on the basis of market price at Rs.1000/ per sq mtrs, with respect to the land bearing Survey No. 59 paiki admeasuring 4 acres and to reduce the premium considering the market price at the rate of 510 per sq mtr.

(2.) THE facts leading to the present Special Civil Application in nutshell are as under:

(3.) IT is reported that consequently the petitioners have deposited / paid the premium considering the market price of the land in question at the rate of Rs. 650/ per sq mtr and have also given the security for the difference between Rs. 650/ to Rs.1000/ and on such deposit and giving security, the petitioners have been granted non agricultural use permission.