JAVAHARLAL B MEHTA Vs. STATE OF GUAJRAT

JUDGEMENT

(1.) Present is a Writ Application under Article 227 of the Constitution of India seeking quashing of the order dated 15th September, 1990 passed in Case No.SRD/LND/R/113/84 whereunder in exercise of suo motu powers, the revisional authority had cancelled the order dated 7th November, 1983 passed by the Collector in Case No.54/83-84.

(2.) The short facts necessary for disposal of the present Writ Application are that the petitioners claimed to be the owners of New Survey No.36 (consisting of Old Survey Nos.692, 693, 694, 710 and 711), admeasuring 13 Acres and 32 Gunthas. However, at the time of measurement, due to some inadvertence or wrong on the part of the authority, the area was measured as 15 Acres and 26 Gunthas. On 30th September, 1983, the Deputy Collector regularised the total area admeasuring 15 Acres and 26 Gunthas in favour of the petitioners and necessary Entry No.203 was also made in the revenue records. It appears that thereafter, the petitioners made an application for conversion of the land use for the entire area of 15 Acres and 26 Gunthas. By the order dated 7th November, 1983, the Collector, Kutch granted the desired permission for development of the area for non-agricultural use.

(3.) Shri C.H. Vora, learned Counsel for the petitioners, submits that if due to some inadvertence or bona fide mistake, 1 Acre and 34 Gunthas of land was included in the petitioners' holding, then, the revisional authority could only set aside the conversion permission in relation to 1 Acre and 34 Gunthas only and the entire permission could not be set aside. His further submission is that as there is no dispute between the private parties and the petitioners have already returned the land, there would be no need for the petitioners to apply afresh and the permission already accorded in favour of the petitioners can be modified and confined to the extent of 13 Acres and 32 Gunthas.