SAVITABEN HARENDRAKUMAR PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) With the consent of learned advocates appearing for the respective parties, the matter is taken up for final disposal today itself. Rule. Ms. Nirali Sarda, learned Assistant Government Pleader waives service of rule on behalf of respondents.

(2.) By way of this petition, the petitioner has challenged the order dtd. 13/4/2023 passed by the respondent No.3 - Resident Additional Collector, Mahisagar whereby the petitioner's application under Sec. 65 of the Gujarat Land Revenue Code seeking N.A. permission in respect of the land bearing Survey / Block No.103 (Old No.34/1) of village Moti Charel, Taluka Lunawada, Dist. Mahisagar was rejected on the ground that one Rana Sandipkumar Ishwarlal was whether an agriculturist or not could not be verified.

(3.) It is the case of the petitioner that land bearing Survey No.103 (Old Survey No.34/1) admeasuring 00 - 31 - 36 Hectare - RA - Sq. Mts. of land situated at village Moti Charel, Tal. Lunawada, Dist. Mahisagar was owned and occupied by one Shakalbhai Shamjibhai. Upon death of Shakalbhai Shamjibhai, his legal heir, namely, Natha Shakal and Prabhudas Shakalbhai were entered into the revenue record for which mutation Entry No.239 dtd. 22/9/1963 was mutated and the same was certified. Thereafter, upon re-survey, new Survey Number was given in respect of the land in question for which revenue Entry No.251 dtd. 12/10/1964 was mutated.