JUDGMENT :

1. Rule. Learned AGP Mr.Nikunj Kanara for the respondents waive service of notice of rule. Rule is fixed forthwith and with the consent of the parties, the matter is taken up for final hearing.

2. Heard Mr.Marshall, learned Senior Counsel appearing with Mr.Arpti Kapadia for the petitioner and Mr.Nikunj Kanara, learned AGP for the respondents.

3. By way of this petition under Article 226 of the Constitution of India, the petitioner has challenged communication dated 28.1.2014 issued by Chitnis to the Collector, whereby the application for NA permission for commercial use came to be filed on account of entry no.156 dated 18.9.1963 made under Section 88-B of the Gujarat Tenancy and Agricultural Lands Act, and prayed to grant following reliefs:-

“(A) YOUR LORDSHIPS may be pleased to admit and allow this petition;

(B) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction from this Hon’ble Court to declare the action of the District Collector, Surat as arbitrary and illegal in not granting non-agricultural permission for the Commercial Purpose U/s.65 of the Bombay Land Revenue Code, 1879 with re