Point of Law- Under these circumstances, the matter is required to be remanded back to the concerned authority to consider the application of the petitioner for N.A.Permission afresh and decide it in accordance with law, after giving opportunity of hearing to the petitioner and without resorting to the provisions of Section 88-B of the Tenancy Act. At the same time, some time period needs to be prescribed since the land in question is required for the Members of the Cooperative Society.

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 respect to land bearing Survey No.1+2 Block No.1 paiki admeasuring 6778 sq.mtrs. and Survey No.3, Block No.2 paiki 5969 sq.mtrs. and Survey Nos.4, 5, 6 and 7, Block No.3 paiki 2250 sq.mtrs., thus in aggregate 14997 sq.mtrs. of land of Moje Sabargam, Tal.Choryasi, District:Surat and rejecting the application for N.A. purpose;

(C) 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 quash and set aside the order dated 28- 01-2014 passed by the District Collector, Surat-respondent No.2 herein bearing No.NA/BKP/RSR No.253/13, rejecting the Non-Agricultural Permission for commercial purpose with respect to all the three parcels of land in question land bearing Survey No.1+2 Block No.1 paiki admeasuring 6778 sq.mtrs. and Survey No.3, Block No.2 paiki 5969 sq.mtrs. and Survey Nos.4, 5, 6 and 7, Block No.3 paiki 2250 sq.mtrs., thus in aggregate 14997 sq.mtrs. of land of Moje Sabargam, Tal.Choryasi, District:Surat and be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction to direct the District Collector, Surat – respondent No.2 herein to grant N.A.Permission U/s.65 of the Code for the commercial Purpose with respect to all the three parcels of land in question i.e. land bearing Survey No.1+2 Block No.1 paiki admeasuring 6778 sq.mtrs. and Survey No.3, Block No.2 paiki 5969 sq.mtrs. and Survey Nos.4, 5, 6 and 7, Block No.3 paiki 2250 sq.mtrs., thus in aggregate 14997 sq.mtrs. of land of Moje Sabargam, Tal.Choryasi, District:Surat;

(D) Pending the admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct the District Collector, Surat – respondent No.2 herein to grant N.A.Permission U/s.65 of the Code for the commercial Purpose with respect to all the three parcels of land in question i.e. land bearing Survey No.1+2 Block No.1 paiki admeasuring 6778 sq.mtrs. and Survey No.3, Block No.2 paiki 5969 sq.mtrs. and Survey Nos.4, 5, 6 and 7, Block No.3 paiki 2250 sq.mtrs., thus in aggregate 14997 sq.mtrs. of land of Moje Sabargam, Tal.Choryasi, District:Surat;

(E) Pending the admission, hearing and final disposal of this petition, Your Lordships may be pleased to stay the condition imposed by the Deputy Collector, Choryasi Prant, Surat in granting the order U/s. 63 of the Bombay Tenancy Act to get the N.A. Permission in a fixed period as well as the condition imposed by Surat Urban Development Authority, while granting in principle Development Permission to get the N.A. Permission in a fixed period with respect to land bearing Survey No.1+2 Block No.1 paiki admeasuring 6778 sq.mtrs. and Survey No.3, Block No.2 paiki 5969 sq.mtrs. and Survey Nos.4, 5, 6 and