SHAKTI KHANDSARI UDYOG Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The facts of this case, which are not in dispute are to be briefly stated. The petitioners, on 9.4.1981 submitted an application to the competent authority for grant of permission for use of the agricultural land for non agricutural (N.A.) purpose. It appears that after submission of this application, the petitioners have started raising construction of shed for factory. On 27.7.1981, the competent authority granted N.A.permission. It is further case of petitioners, which is not disputed by respondents that the illegal construction which has been made on the land has also been ordered to be regularized on payment of penalty. Later on, on 28.8.1981, the lay out plans for construction of 'Khandsari' factory were also sanctioned. It is also not in dispute that under the order dated 14th July, 1982 of the competent authority, licence has been granted to the petitioners for manufacturing 'Khandsari' with effect from April 1981. The respondent No.1 thereafter has given a show cause notice to the petitioners, in exercise of suo motu powers conferred under Sec. 211 of the Bombay Land Revenue Code, 1879, (hereinafter referred to as 'Code') to show cause as to why the order dated 27th July, 1981 should not be revised. Ultimately an order has been passed on 2.7.1985 by respondent No. 1 under which the order dated 27.7.1981 of respondent No. 2 has been revised and the N.A. permission granted to the petitioners has been cancelled. Hence this Special Civil Application before this Court.

(3.) This Court has protected the petitioners by grant of interim relief. The learned counsel for respondents, on being asked by the Court, has fairly submitted that the only ground given by respondent No. 1 for cancellation of non agricultural permission granted in favour of petitioners is that on the day on which the N.A. permission was granted by respondent No. 2' in their favour, they were not having licence for manufacturing 'Khandsari', from the competent authority.