BIJALBHAI BHAGWANBHAI NAKUM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms.Chandarana, Ld.AGP waives service of rule for respondents. With the consent of learned advocates for the parties, the matter is taken up for final hearing today.

(2.) The short facts of the case are that the petitioner is holding the land admeasuring 3 acres 10 gunthas at village Rajula. The show cause notice was issued by the Collector, dated 23.11.01 to the petitioner for breach of conditions on the ground that the petitioner has used the land for manufacturing of bricks. The petitioner submitted the reply on 3.12.2001 and stated that he is an illiterate person and the bricks are made in the land with a view to construct a place for his residence and for keeping the agricultural equipments and also for preserving fertilisers and he also submitted that the bricks are used for such purpose and neither the bricks are sold nor the land is given to anyone else for such purpose. The petitioner has prayed for condonation of such breach, if any. It appears that thereafter on 30.12.2002 the Collector, Amreli passed the order on the basis that there is an admission on the part of the petitioner to use the land for nonagricultural purpose and consequently penalty of 40 times of revenue amounting to Rs.42,086.41 ps,is imposed upon the petitioner. The petitioner carried the matter before the State Govt in revision and in revision also the State Govt proceeded on the basis that there is admission for utilisation of the land for other than agricultural purpose and therefore the order passed by the Collector imposing fine does not call for interference and it is under these circumstances the petitioner has approached this court by preferring this petition.

(3.) I have heard Mr.Pandya for the petitioner and Ms.Chandarana, Ld.AGP for respondent authorities.