NITINBHAI AMBALAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned AGP waives service of notice of rule for and on behalf of the respondent-State.

(2.) At the outset, learned advocate Mr.Bhatia appearing for the petitioners has submitted that the issue raised in the present writ petition is squarely covered by various judgements of this Court. He has placed reliance on the judgement in the case of Tusharbhai Harjibhai Ghelani and Anr. Vs. State of Gujarat and Ors., 2019 (4) G.L.R. 2578 as well as the judgement in the case of Bhupatbhai Ranabhai Lathiya and Ors. Vs. State of Gujarat and Ors. dtd. 27/12/2016 passed by this Court in Special Civil Application No.21219 of 2015. By inviting the attention of this Court to the impugned orders dtd. 17/3/2022 and 28/5/2022 passed by the Resident Additional Collector, Vadodara, it is submitted by the learned advocate that while rejecting the application filed by the petitioners under Sec. 65 of the Gujarat Land Revenue Code, 1879 (for short "the Code"), the authority has examined the title of the land that too on the entries, which are mutated in the year 1955 and 1963. It is submitted that it is not open for the respondent authorities to examine the title of the land, while processing the application seeking non-agricultral (NA) permission. Thus, he has submitted that the impugned orders may be set aside.

(3.) Per contra, learned AGP, while pointing out the impugned orders, has submitted that in fact the revenue records reveal that the entries, which are mutated being Entry Nos.236 dtd. 11/3/1955 and Entry No.520 dtd. 7/2/1963, would show that there is no mention of any heirs in the revenue records hence, the application has been appropriately rejected. It is submitted that the Residential Additional Collector has, after verification of the title of the land in question, precisely concluded and rejected the application of the petitioners seeking NA permission.