BHIKHABHAI MEGHRAJBHAI KUNIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Issue RULE, returnable forthwith. Mr. Jayneel Parikh, learned Assistant Government Pleader waives service of Rule for and on behalf of the respondent State authorities. With the consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing.

(2.) Heard Mr. Nishit P. Gandhi, learned advocate appearing for the petitioners and Mr. Jayneel Parikh, learned Assistant Government Pleader appearing for the respondent State authorities.

(3.) By way of the present petition, petitioners herein are aggrieved by the impugned order passed by the respondent no.2 dtd. 21/2/2023 (Annexure-M), wherein, the petitioners' application seeking Non-Agriculture (N.A.) use permission under Sec. 65 of the Gujarat Land Revenue Code, 1879 (for short 'the Code') for the land Survey /Block No. 146/P1 (Old Survey No. 12/P2) situated at Village: Sotamala, Tal.: Deesa, District: Banaskantha (for short 'the land in question') came to be rejected. While passing the impugned order dtd. 21/2/2023, the application of the petitioner was rejected mainly on the ground that in view of the Entry No. 1942 with regard to the order passed by the Civil Court, the land in question was entered in the name of non-tribal, and therefore the order passed by the learned Civil Court is without jurisdiction and same is in breach of Sec. -73-AA of the Code, as no prior permission was taken. It is further stated in the impugned order that, since the sale transaction was not in consonance with the provision of Sec. 73-AA of the Code, there is a variation in the Village Form No. 7/12 of the year 1993-94 as compared to entry no. 128. The aforesaid has given rise to the filing of the petition, wherein, the petitioners herein have prayed for the following reliefs: