VINOD KUMAR ISHWARBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, order and/or direction quashing and setting aside the order passed by the District Collector, Gandhinagar dated 24.5.1995 confirmed by the Revisional Authority dated 31.1.1996 passed in revision application No. SRD/5/95 by which, the allotment of the plot No.145/2 admeasuring 81 sq mts situated at Sector 6, Gandhinagar has been cancelled on the ground that the said plot was used for the purpose other than the residential purpose.

(2.) It is the case on behalf of the petitioner that the petitioner was allotted plot No.145/2 at Sector 6, Gandhinagar admeasuring 81 sq mts on concessional rate. It appears that one of the condition was that the petitioner has to use the same for his own residential purpose and cannot use for any other purpose other than residential purpose.

(3.) As it was found that the residential premises was converted into shop by putting shutter on front portion and some material was lying to show that the said residential plot and the construction was used for the purpose other than the residential purpose and therefore, the show cause notice came to be issued and the petitioner was directed to show cause why the allotment should not be cancelled. After giving an opportunity and considering the reply submitted by the petitioner, the District Collector, Gandhinagar passed the impugned order dated 24.5.1995 and cancelled the allotment by holding that there is a breach of condition of allotment and that the said plot and the construction thereupon was used by the petitioner for the purpose other than the residential. The matter was carried out to the Revisional Authority and the Revisional Authority also dismissed the said application. Hence, the present special civil application has been filed.