YASHKAMAL BUILDERS BARODA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner which is a partnership firm has filed this petition challenging the order Annexure H dated 12/01/1987 passed by the State Government cancelling permission for non-agricultural use of land granted by Taluka Development Officer Halol in respect of Survey Nos. 113/1 and 55 of village Penclav (hereinafter referred to as the land) Taluka Halol District Panchmahals. 2 One Mulchand Hirabhai Parikh who was the occupant of the land made an application for permission to Use the land for nonagricultural purposes to the Taluka Panchayat of Halol. The Taluka Development Officer of the Taluka Panchayat Halol granted such permission by his order Annexure A dated 17/12/1981 The petitioner purchased the land for consideration of Rs. 48 257 from Mulchand Hirabhai Parikh under a Registered sale deed dated 29/01/1982 The land was mutated to the name of the petitioner in the revenue records. On 4/03/1986 the State Government issued notice Annexure C calling upon the original occupant Mulchand Hirabhai Parikh to show cause why the permission for non-agricultural use of land should not be cancelled. It appears that the original occupant submitted reply to show cause notice contending to the effect that there was no reasonable ground to cancel the permission for non-agricultural use of the land. The State Government however by its impugned order Annexure H cancelled the permission for non-agricultural use of the land. Petitioner has therefore approached this Court by way of this petition.

(2.) It is not in dispute that the original occupant Mulchand Hirabhai Parikh was holding the land which was agricultural in character and therefore it could not have been used for any purpose other than agriculture except with the permission of the Collector under Sec. 65 of the Bombay Land Revenue Code (Code for short). That section insofar as it is relevant for our purposes reads as under:

(3.) Section 157 of the Gujarat Panchayats Act 1961 (Panchayats Act for short) insofar as it is relevant for our purposes reads as under: