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2000 Supreme(Guj) 525

A.L.DAVE
Hirabhai Bhagwanbhai – Appellant
Versus
STATE – Respondent


Advocates Appeared: N.D.GOHIL, YOGESH S.LAKHANI

A. L. DAVE, J.

( 1 ) THE petitioner, aggrieved by an order passed by the Deputy Collector, junagadh, in Revision Application No, 6 of 1988, has approached this Court with this petition under Arts. 226 and 227 of the Constitution.

( 2 ) THE facts of the case, in a narrow compass, are that, in the year 1981, on the 23rd january, permission for non-agricultural use was granted by the Taluka Development officer, Mendarda, in respect of Survey No. 68, admeasuring 0. 38 Gunthas, on certain conditions. Those conditions were fulfilled. One of the conditions was that a particular parcel of land was required to be kept open for public purpose. That condition was also fulfilled. Later on, as it was found that the piece of land which was kept open for public purpose could not be utilized for the purpose, an application was made on the 15th March, 1982 for re-grant of that piece of land on payment of premium. Again, the Taluka development Officer, Mendarda, by an order dated the 27th April, 1982, allowed that application and re-granted that piece of land to the petitioner. Nothing happened thereafter and the land was developed by the petitioner and construction was made for residential purposes










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