AJAY SURENDRABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Mr. Aditya Jadeja, learned AGP waives service of rule for the respondent Nos.1 and 2.

(2.) The present Special Civil Application is filed praying for the following reliefs:-

(3.) Mr. Dhaval C. Dave, learned Senior Counsel appearing for the petitioner, submits that the Coordinate Bench of this Court in Special Civil Application No.9045 of 2012 by order dtd. 21/8/2014 has categorically held that the lands in question are Old Tenure lands and that the N.A. permission cannot be refused on such a ground that it is a New Tenure land as being interpreted by the respondent authorities. He submits that even in the Letters Patent Appeal No.856 of 2015 as preferred by the respondent authorities, Hon'ble Division Bench by order dtd. 23/1/2023 has not disturbed the findings as arrived at by the learned Single Judge. The said Letters Patent Appeal has been dismissed by affirming the order of the learned Single Judge and the respondent authorities have been directed to consider the claim of the petitioner as directed by the learned Single Judge. He further submits that, thereafter, by the impugned orders dtd. 25/2/2023 and 1/3/2023 in respect of all the six parcels of lands, the respondent No.2 - Collector has rejected the applications under Sec. 65 of the Gujarat Land Revenue Code for grant of the N.A. permission on the ground that the lands in question are liable to be converted from New Tenure to Old Tenure and that the premium is liable to be charged for the same and declared that the subject lands are of Old Tenure, which is confirmed by Hon'ble Division Bench, it was not open for the respondent No.2 - Collector, Ahmedabad to pass such orders. He, therefore, submits that the impugned orders passed by the respondent No.2 - Collector, Ahmedabad are bad in law and contrary to the judgments of this Court in the earlier proceedings. He, therefore, submits that the present petition be allowed.