( 1 ) THE present petition has been preferred against the order dated 4th July/august, 2005 passed by the the District Development Officer, Vadodara (Annexure ?g? to the memo of the petition) to the effect that under section 67 of the Bombay Land Revenue Code, 1879, there is a breach of condition by the present petitioner and therefore, penalty has been imposed upon the petitioner for the fact that after getting NA permission for the land in question, the petitioner has not started non-agricultural usage of the land in question.

( 2 ) I have heard the learned counsel for the petitioner who has submitted that initially the petitioner had in mind non-agricultural usage for the land in question and therefore, an application was preferred for getting NA permission which was granted by the concerned respondent authority vide order dated 26th March, 1997 and 4th October, 1997. But thereafter, for the reasons beyond the control of the present petitioner, the non-agricultural usage which was permitted to the petitioner was not brought into effect. But agricultural operations were continued by the present petitioner. Thereafter, an application was preferred on 15th July, 2004 under Rule 91

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