STATE OF GUJARAT Vs. AJAY SURENDRABHAI PATEL

JUDGEMENT

(1.) Heard learned counsels of the parties and perused the record.

(2.) This Letters Patent Appeal is directed against the judgement and order dtd. 24/7/2023 passed by the writ Court granting prayer of the writ petitioner to set aside a set of three orders dtd. 25/2/2023 and another set of three orders dtd. 1/3/2023, further issuing directions to the Collector to consider the application for grant of NA permission, on its merit, treating the land in question to be an Old tenure in terms of the judgement and order dtd. 21/8/2014 passed in Special Civil Application No. 9045 of 2012, as also the judgement and order dtd. 23/1/2023 in Letters Patent Appeal No. 856 of 2015. It is directed by the writ Court that the Collector, Ahmedabad shall decide the application in accordance with the observations in the aforesaid orders of this Court within the period of four weeks from the date of receipt of the order.

(3.) This is the second round of litigation with respect of the land in question, wherein the only dispute is with respect to the claim of the State authorities to charge premium for conversion of the land in question from agricultural to non-agricultural purposes. We may clarify at this stage itself that the land in question mentioned in this judgement refers to the original Survey No.250, which was allotted to the original tenure holder along with other six(06) plots on 15/6/1943. The original Survey No.250 was later subdivided into six(06) parcels of lands, which were purchased by the original petitioner and with respect to which six (06) applications were filed seeking for grant of NA permission, which have been rejected by orders impugned (six in number), subject matter of challenge in the original petition, out of which the instant appeal has arisen.