LAXMANBHAI NATHABHAI BHARVAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned AGP waives service of notice of Rule on behalf of the respondent State of Gujarat. With the consent of learned advocates appearing for respective parties, petition is taken up for final hearing today.

(2.) By way of present petition under Articles 14, 19(1)(g), 21 and 226 of the Constitution of India, following prayers have been made.

(3.) Mr. Majmudar, learned advocate appearing on behalf of the petitioners by taking me through the orders passed by the revenue Authorities as well as the judgment dated 15.11.2016 passed by the coordinate Bench of this Court would submit that now it is well established and confirmed by the Authorities including this Court that the land in question is of old tenure nature. He would submit that if a person holding such land intends to use the same for non- agriculture purposes, he has to approach the concerned Authority and accordingly, an application was made by the petitioners and there is no challenge to the judgment dated 15.11.2016 passed by this Court in Special Civil Application No.3480/2009. He, therefore, would submit that the respondent Authority has committed error in rejecting the application of the petitioners. He, therefore, would submit that the present petition be allowed.