OMPRAKASH SUDARSHAN DUBEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned AGP waives service of notice of rule on behalf of the concerned respondents.

(2.) In the present writ petition, the petitioner has assailed the impugned order passed by the Secretary, Revenue Department (Ahmedabad) dtd. 13/7/2017 and the order dtd. 23/2/2016 passed by the District Collector, Gir Somnath in the Case No.NA Application No.15/2015-16.

(3.) The brief facts leading to filing of the present petition are that the petitioner became the owner of the land bearing Survey No.153/1/1 situated at Prabhaspatan, Taluka Veraval, by a will and an entry to that effect came to be mutated in revenue record vide Entry No.1077 dtd. 1/7/1985. It is the case of the petitioner that he is the lawful owner and is in possession of the property since the year 1985. Pursuant thereto, the petitioner made an application for conversion of agricultural land into non-agricultural land to the respondent authorities on 30/11/2015. The respondent authorities have rejected the same on 23/2/2016, on the ground that the petitioner is not an agriculturist. It is the case of the petitioner that other erroneous reasons given to reject the application were that the Forest Officer did not render his opinion and that vide letter dtd. 19/1/2016, the Veraval Nagarpalika had stated that there is no scheme to be developed on the particular land. It is further case of the petitioner that on 16/2/2016, the Forest officer forwarded his opinion where nothing objectionable was found and the Veraval Nagarpalika also. Thereafter, the petitioner made an application for reconsideration of the order passed by the District Collector in July, 2016, however the same was also rejected. Against this order of rejection, the petitioner preferred Revision Application before the Secretary, Revenue Department but the order of Collector was upheld in Revision vide order dtd. 13/7/2017, thus, rejecting the contentions of the petitioner.