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1993 Supreme(Guj) 217

D.G.KARIA
MALI AMRUTLAL BECHARBHAI – Appellant
Versus
DISTRICT COLLECTOR,banaskantha – Respondent


Advocates Appeared: DHAVAL C.DAVE, M.C.BHATT, MAHESH P.PRAJAPATI

KARIA, J.

( 1 ) THE petitioners are the owners and occupiers in respect of the land bearing Survey Nos. 608+609+610/11 admeasuring 0 Acre 11 gunthas situated in the town of Palanpur, District Banaskantha. The petitioners are permanent tenants of the said land since former State of palanpur. The said land was awarded to the petitioners under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948. On an application by the petitioners to convert the land admeasuring 1161-05 sq. metres out of the said land to non-agricultural one, the Collector by his order dated 2/05/1989 granted N. A. permission in respect of the said land, on the terms and conditions set out in that N. A. permission order. The Special secretary, Land Revenue Department (Appeals) invoking the provisions of sec, 211 of the Bombay Land Revenue Code, issued notices dated 23/08/1989 to the petitioners to show cause why the N. A. permission granted in their favour should not be cancelled. The petitioners showed cause contending, inter alia, that the N. A. permission order by the Collector was just and legal. The learned Additional Chief Secretary, Revenue Department (Appeals), Government of Gujarat, however,








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