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2016 Supreme(Guj) 414

C.L.SONI
Mansa Agriculture Produce Market Committee – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For Appellant :B.S. Patel for Chirag B. Patel, Advocate
For Respondents: Ronak Raval, Asstt. Govt. Pleader

JUDGMENT :

C.L. Soni, J.

1. By the present petition filed under Article 226 of the Constitution of India, the petitioner- Market Committee and its Chairman have challenged the order dated 24.10.2008 at Annexure-A passed by respondent No. 2 and the order dated 11.3.2011 at Annexure-B passed by the Additional Secretary, Revenue Department (Appeals) in Revision Application No. 3 of 2009 preferred by respondent Nos. 4 to 13 herein.

2. By the order dated 24.10.2008, the respondent No. 2 cancelled Non-Agricultural Permission (NA permission) granted under Section 65 of the Land Revenue Code ('the Code') for breach of the condition of such permission and ordered the Chairman/Secretary to remove all constructions from the land for which NA permission was granted. Such order has come to be confirmed by the Additional Secretary by rejecting the revision application preferred by respondent Nos. 4 to 13.

3. It appears from the facts stated in the petition as also from the orders impugned in the present petition that land bearing Survey No. 1330 admeasuring 1 acre 35 gunthas situated at village Lodra, Taluka Vijapur, which belonged to respondent No. 3, was acquired under the Land Acquisition Act and



























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