VAGHARI JIVANDAS MANJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. J. K. Shah, learned Assistant government Pleader, waives service of notice of rule on behalf of the respondents. In the facts and circumstances of the case, and with the consent of the learned counsel for the parties, the petition is being heard and finally disposed of today. (1) By filing this petition, under Arts. 226 and 227 of the Constitution of India, the petitioners have challenged the order dated 10th January, 2008 (18th January, 2008), rendered by the respondent No. 1, whereby the order dated llth September, 2006 of the respondent No. 3 i. e. , the Mamlatdar, radhanpur, granting Non-Agricultural use permission in favour of the petitioners, has been set aside.

(2.) THE brief facts of the case, as emerging from a perusal of the averments made in the petition are that, the petitioners are the heirs and legal representatives of late Shri Manji Kachra Vaghri, who was a tenant upon the land bearing survey No. 378/1 and 378/2, admeasuring about 16 Acres and 15 Gunthas and 3 Acres and 35 Gunthas respectively, situated at Taluka Radhanpur, District Patan.

(3.) I have heard Mr. D. K. Puj, learned Counsel for the petitioners and mr. J. K. Shah, learned Assistant Government Pleader for the respondents and have perused the averments made in the petition as well as the documents annexed thereto.