ARUNKUMAR INDRASINH VANSIA Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) Learned advocate Mr. N. V. Gandhi appearing for the petitioners submits that the learned Collector has passed an order holding the land to be of new tenure for the reasons stated in the impugned order. He further submits that the revenue record in respect of the subject land i. e. survey No.219 shows the land to be of old tenure. He submits that despite the revenue record being in operation, the learned Collector has concluded that the land has to be treated as of new tenure land and therefore, no permission can be granted at this stage. Learned advocate further submits that if the petitioners are given an opportunity of hearing on remand, the petitioners can give an explanation to the reasons stated in the impugned order.

(3.) Learned Assistant Government Pleader Mr. Adityasinh Jadeja submits that the impugned order has been passed after taking into consideration the revenue record and the nature of the land. He further submits that cogent reasons have been given in the impugned order while denying non-agriculture permission. He further submits that the petitioners have been granted the liberty to make an application again after fulfilling the conditions as mentioned in the impugned order. He, therefore, submits that no interference is called for in the impugned order.