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1991 Supreme(Guj) 169

S.D.SHAH
MINABEN ARVINDLAL GANDHI – Appellant
Versus
STATE – Respondent


Advocates Appeared: B.M.MANGUKIYA, D.K.Mehta, P.J.VYAS, V.M.Trivedi

SHAH, J.

( 1 ) BY these group of petitions, the petitioners challenge the order of Secretary (Appeals), Revenue Department, Govt. of Gujarat, dated 25/07/1984, whereby the Secretary cancelled the order of Taluka development Officer, Mangrol, dated 4/11/1982 granting permission to the owners/occupiers of Block Nos. 75 and 88 situated at village Mota borsara, Taluka Mangrol for making non-agricultural use of the said land. The said order was passed by the Taluka Development Officer in exercise of the powers conferred upon him by Sec. 65 of Bombay Land Revenue code, hereinafter referred to as the said Code, read with Sees. 123 and 157 of Gujarat Panchayats Act, 1961, hereinafter referred to as the said act.

( 2 ) THE facts leading to the group of these petitions, briefly stated, are as under : (i) The respondents Nos. 3 to 7 in each of these petitions, through power of Attorney, applied to the Taluka Development Officer, Mangrol, under Sec. 65 of the Code seeking permission for non-agricultural use of parcels of lands bearing Block Nos. 75 and 88 of village Mota Borsara. The Taluka Development Officer, Mangrol, by his order, dated 4/11/1982 granted permission for non-agricultural use o











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