N.V. Anjaria, J.

1. The present petition is directed against order dated 29th November, 1989, passed by the Additional Chief Secretary (Appeals), Revenue Department-respondent No. 1 herein. Thereby, the said authority in exercise of suo motu powers under section 211 of the Bombay Land Revenue Code, 1879, cancelled the non-agricultural permission granted by the Taluka Development Officer as per his order dated 17th December, 1981. It was required from petitioner to obtain necessary permission under section 43 of the Bombay Tenancy and Agricultural Lands Act, 1948; it was provided further that for period of two months the factory building of the petitioner on the land in question shall not be removed.

2. Outlining the relevant facts available from the pleadings and record of the petition, the land bearing block No. 115 admeasuring five acres and seven gunthas situated in the sim of village Pratappura, Taluka Halol, Panchmahal, belonged to one Mangalsingh Gulabsingh and others. Said Malgalsingh applied for getting the land converted into Non-Agricultural. Respondent No. 2-Taluka Development Officer granted N. A. permission on 17th December, 1981. Thereupon, entry came to be mu