JAYABEN ISHWARJI RATHOD Vs. SECRETARY AND ORS.

JUDGEMENT

(1.) The present appeal is directed against the order dated 06.10.2015 passed by learned single Judge of this Court in Special Civil Application No. 13583 of 2015, whereby the learned single Judge, for the reasons recorded in the order, has dismissed the petition. We have heard Mr. Parikh, learned counsel appearing for the appellant.

(2.) The contention raised on behalf of the appellant was that the Government has passed the resolution dated 06.06.2003 whereby the land could be allotted for the business purpose by the Government. The application of the petitioner came to be rejected on the ground that the water stream-was passing over the land, whereas such was not the fact situation as per the report of the; District Inspector of Land Record. Therefore, the decision for rejection of the application was bad in law. Revision was preferred be fore the higher authority, which also came to; be rejected and therefore this Court ought to have considered the said aspect. He was candid in submitting that the Government Resolution of 2003 was not pressed in service in the application made to the Collector nor before the Revisional Authority but before the learned single Judge such was pressed in service. As per the said resolution the policy is formulated which permits the allotment of the land even for business purpose and therefore the learned single Judge ought to have considered the matter.

(3.) We may record at the outset that there is no vested right with the petitioner to get the land allotted by the Government even if such policy exists. The policy is by way of enabling power but thereby citizen cannot compel the allotment of the land for his own purpose.