DILIPBHAI RAMANBHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed seeking the following prayer :-

(2.) Learned advocate Mr.D.K. Puj, at the outset, has invited the attention of this Court to the order dtd. 5/5/1999 passed in Special Civil Application No.4860 of 1992 filed by the predecessor of the petitioner from whom the petitioner has purchased the land in question. He has submitted that the respondent - Collector, Surat vide communication dtd. 30/7/2009 (Annexure-E) had opined with regard to seeking NA permission by the petitioner that as on today, he has not received any opinion from the State Government. Learned advocate Mr.D.K. Puj, has further invited the attention of this Court to the order dtd. 12/10/2010 passed in Civil Application No.10470 of 2010 in captioned writ petition and has submitted that pursuant to the aforesaid order, the application of the petitioner seeking NA permission was processed and the same is granted. Thereafter, the petitioner has also undertaken the necessary construction on the land in question. Thus, it is submitted that the impugned order or communication may be set aside.

(3.) Learned Assistant Government Pleader Mr.Gupta, appearing for the respondent authorities has submitted that at the relevant time, when the writ petition was filed since the State Government had not taken any opinion on the judgment and order passed by this Court as well as on the application and hence, by the communication dtd. 30/7/2009, the Collector had informed the petitioner accordingly.