KANAIYALAL DHANSHUKLAL SOPARIWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this appeal under clause 15 of the Letters Patent, the appellant challenges the judgement and order dated 25th July, 2008 passed by the learned Single Judge in Special Civil Application No. 1158 of 2008, whereby the petition filed by the appellant has been dismissed.

(2.) THE facts stated briefly are that land bearing Block No. 350, admeasuring Acre 1-18 Gunthas of village Kathodara, Taluka Kamrej, District Surat was held by one Kalyanbhai Makanbhai Kantharia (hereinafter referred to as the landholder) as a new tenure land. The landholder wanted to sell the said land; hence, on 25. 4. 1985 he made an application to the Deputy Collector, Olpad Division, Surat for changing the tenure of the land from new tenure to old tenure. By an order dated 10. 3. 86 the said application was rejected. The landholder made an application for review of the order dated 10. 3. 86 before the Deputy Collector. By an order dated 21. 4. 1988, the Deputy Collector permitted change of tenure for the non-agricultural use of constructing a transport godown, subject to certain conditions on depositing an amount of Rs. 21,256/- by way of premium. It may be pertinent to note that one of the conditions was that the landholder should obtain permission from the competent authority under section 65 of the Bombay Land Revenue Code, 1879 within a period of three months from the date of the order. Hence it is apparent that by the said order only change of tenure was permitted, but non-agricultural permission had not been granted.

(3.) THEREAFTER, by a will dated 16. 4. 89 the said land was bequeathed in favour of the appellant. The landholder expired on 27. 5. 1990 whereupon the appellant became the owner of the said land and corresponding mutation entry was made in the Village Form No. 6 on 11. 3. 1992. It is the say of the appellant that after following the requisite formalities, the appellant constructed a godown on the said land.