DHARMESH SHANTILAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) It is submitted by the learned counsel for the petitioner that the impugned order dtd. 16/6/2023 has rejected the application under Sec. 65 of the Land Revenue Code seeking NA permission in respect of the land owned by the petitioner on the ground that necessary inquiry will have to be made into the tenancy aspect and in view of the limitation prescribed in law. He submits that the application for NA permission was filed online and admittedly received by the Collector Office on 18/3/2023. Since the law prescribes limitation of 90 days to decide such an application for NA permission, failing which, it would be considered deemed approval. The learned Collector has rejected the said application on 88th day on the ground that as there is time to inquire in view of the limitation prescribed under Sec. 65 of Land Revenue Code.

(3.) Mr. Jayneel Parikh, learned AGP submits that prima- facie the order describes only one reason i.e. the limitation of 90 days for deciding the application as the matter requires further inquiry in the present case.