Judgement

SIKRI, J:- This appeal by special leave is directed against the judgment of the High Court of Gujarat (Vakil J.) allowing the application filed by Patel Raghav Natha, respondent before us and hereinafter referred to as the petitioner, and quashing the order dated October 12, 1961 passed by the Commissioner, Rajkot Division. The Commissioner by this order had set aside the order of the Collector, dated July 2, 1960, granting permission, to the petitioner to use some land in Survey No. 417 for non-agricultural purposes.

2. In order to appreciate the contentions raised before us it is necessary to set out a few facts. The petitioner was a resident of the State of Rajkot and at an auction effected by the State be acquired on or about September 22, 1988, agricultural land bearing survey No. 417 which in all measured about 12 acres and 12 gunthas, After some acquisitions by the State out of this survey number he was left with 2 acres and 10 gunthas of agricultural land. On October 20, 1958, the petitioner applied to the Collector for permission to convert this land to nonagricultural use, under Section 65 of the Bombay Land Revenue Code, 1879, hereinafter referred to as the Cod