PATEL KARIMSHI RAIYA WADIYA Vs. DY SECRETARY (APPEAL)

JUDGEMENT

(1.) MR .K.B. Pujara, learned counsel for the petitioners and Mr.L.R. Pujari learned counsel for the respondent Nos.1 to and 5.

(2.) PETITIONER No.1 Patel Karamshi Raiya Wadia, on 1/2/1986 made an application to the Taluka Development Officer, Nakhtrana Taluka Panchayat, District Kutch, under sec.65 of the Bombay Land Revenue Code ("the Code" for short) in relation to land bearing Survey No.633/1 admeasuring 5 Acres of Village Kotda (Jadodar) and prayed that Non Agricultural Use Permission be granted. The permission was granted on 28/4/1986. It is submission of the petitioners that on 4/6/1986, the land was measured and it was found that the land was 5 Acres. On 11/9/1986, the petitioner submitted the construction plans for the said land, the said plans were approved by the competent officer. On 7/6/1995, the respondent No.1 issued notice to the petitioner to show cause as to why the order dtd.28/4/1986 granting N.A Permission be not revised under sec.211 of the Code. The petitioner appeared before the officer, submitted his reply and argued the matter. However, by order dtd.11/10/1985, the respondent No.1 revised the order dtd.28/4/1986 and revoked the permission.

(3.) BEING aggrieved by the said order, the petitioners are before this Court.