ALAY JITUBHAI SHAH Vs. SECRETARY REVENUE DEPARTMENT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the order (1) dated 25.03.2011 passed by Respondent No.1- Secretary (Appeals), Revenue Department, in Revision Application No. 10/2009, (2) order dated 22.09.2009 passed by Respondent No.2-Collector, Vadodara, in Appeal No. 4/2009 as well as order dated 12.01.2009 passed by Respondent No.3-Dy. Collector in Case No.11/2005.

(2.) The brief facts of the case are that the petitioner become owner of an immovable property by virtue of a will and an entry to that effect came to be made in Revenue Record vide Entry No. 2685 on 15.02.1990. Pursuant thereto, the petitioner made an application for N.A. Permission to Respondent No.2 on 06.12.2004. According to the petitioner, as per proviso to Section 65 of Code, the N.A. permission was deemed to be granted. However, on 10.08.2005, Respondent No.2 passed an order rejecting the application of the petitioner. The petitioner was, then, issued a notice by Respondent No.3 on 22.12.2005 under Section 79A of the Code and same was registered as Case No.11/2005 and Respondent No.3 rejected the contentions taken by the petitioner and passed an order to vest the land with the Government. Being aggrieved with the same, the petitioner preferred an appeal before Respondent No.2, who dismissed the appeal of the petitioner. Against the order of Respondent No.2, the petitioner approached Respondent No.1 by way of Revision, who also dismissed the same. Hence, the present petition.

(3.) At the outset, Mr. Sanjanwala, learned Sr. Advocate, vehemently relied on a decision of the Division Bench of this Court rendered in Letters Patent Appeal No. 2117 of 2011, Dated : 08.11.2012, in the case of "CHANDULAL GORDHANDAS RANODRIYA AND ORS. VS. STATE OF GUJARAT THROUGH SECRETARY AND ORS.". In Paragraph-22 of the aforesaid judgment, this Court has observed as under;