V.M. Pancholi, J.

1. This petition is filed under Article 226 of the Constitution of India, whereby the petitioner has challenged the order dated 16.9.2005 passed by respondent No. 2 as well as the letter dated 22.9.2005 issued by Taluka Development Officer, Vaghodia.

2. The factual matrix of the present case is as under:-

"2.1 The petitioner is a charitable trust registered under the Bombay Public Trust Act and it has set up the educational institution at village Vaghodia in Vadodara district and has filed this petition through its Managing Trustee. The respondent No. 2 granted permission for non-agricultural use of land bearing survey No. 986/1A admeasuring hectare 0.18.21, survey No. 986/1B admeasuring hectare 12.43.23 and survey No. 986/2-B hectare 13.7617 on certain conditions vide order dated 8.4.2003. It is the case of the petitioner that out of total land admeasuring 2,63,761 sq. mtrs. the permission to make construction was granted on 38,508 sq. mtrs of land as per the plans which may be sanctioned by the Urban Development Authority, Vadodara.

2.2 It is the cas