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1995 Supreme(SC) 1327

B.L.HANSARIA, K.RAMASWAMY
Kalidas Umedram – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
A.S.BHASME, Anip Sachthey, C.Badri Nath Babu

ORDER

1. This appeal by special leave arises against the order of the High Court summarily dismissing the writ petition filed under Article 227 of the Constitution. Admittedly appellants were granted 2 acres 9 guntas of land on 5-3-1976 for agricultural purposes. One of the conditions prescribed in the grant was that they would not use the land for any other purposes except with written permission of the authority. Subsequently, they entered into an agreement to sell the land admeasuring 3000 sq. yds. to different persons. On that basis, the grant was cancelled. When the appellants had filed the proceedings before the authorities challenging the validity of the action taken, the District Collector found as a fact that though the appellant had filed an application for permission to use the land for non-agricultural purpose, no order was passed and he had been selling the land for building purpose in contravention of the grant made in his favour. Accordingly, he upheld the order cancelling the allotment of 2 acres 9 guntas of land in Survey No. 152 situated in Village Rakhyal City Taluk Ahmedabad. Appeal was dismissed by the State Government and in revision under Article 227, as stat




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