SIRAJMIYA KALUMIYA SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Senior Advocate Mr.Rashesh Sanjanwala with learned advocate Mr.Aadit R. Sanjanwala for the petitioner and learned Assistant Government Pleader Mr.Krutik Parikh for the respondent no.1.

(2.) Learned Senior Advocate Mr.Sanjanwala invited attention of this Court to the additional affidavit filed on behalf of the petitioner which reads as under:-

(3.) It was submitted that as the petitioner has already availed the benefit of provisions of Sec. 63AB of the Gujarat Tenancy and Agricultural Lands Act, 1948 (for short 'the Act') by payment of 10% premium aggregating to Re.1,25,455/- and in view of the aforesaid affidavit filed by the petitioner the Revision Application filed before the Special Secretary Revenue Department (Appeals) (for short 'the SSRD') is required to be withdrawn as the provision of Sec. 63AB of the Act has been applied taking into consideration the vendor of the land in question to be a non-agriculturist.