RAJGOR GIRISHBHAI RAYSANGBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present petition is filed by the petitioners under Articles 226 and 227 of the Constitution of India as well as under the provisions of the Bombay Land Revenue Code for the prayer inter alia that appropriate writ, order or direction may be issued directing the Respondent authority to grant application of the petitioners for converting the land into a non -agriculture land and also quashing and setting aside the decision dated 23.6.2011 on the grounds stated in the petition.

(2.) HEARD Mr. Keyur Vyas for the petitioners and learned AGP Shri Udit Mehta for the Respondent State.

(3.) LEARNED AGP Shri Udit Mehta referred to the affidavit in reply filed on behalf of Respondent No.2 and tried to submit that without disclosing about the execution of the sale deed in the year 1981 the predecessor -in -title of the petitioners got the entry mutated. He tried to submit that therefore as the prior permission of the Collector has not been taken the subsequent transaction would be void ab initio and therefore the impugned order / communication is just and proper.