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2021 Supreme(Guj) 1183

A.P.THAKER
JOITABHAI KARSANBHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant : MR. PANAM C SONI
For The Respondent: MR. NIKUNJ KANARA, AGP, MR HS MUNSHAW

JUDGMENT :

1. Rule. Mr. Nikunj Kanara, learned AGP waives service of notice of rule on behalf of respondent State and Mr. Sagar Gohel, learned advocate for Mr. H.S. Munshaw, learned advocate waives service of notice for the respondent No.4. With the consent of learned advocates for the parties, Rule is fixed forthwith.

2. By way of present petition, the petitioners have challenged the orders dated 8.4.2019 passed by respondent No.2 SSRD confirming the order dated 19.10.2018 passed by the respondent No.3 Collector, Banaskantha, rejecting the prayer of the petitioners for change of purpose of Non- Agricultural use of land/ plots from residential to commercial and for sanctioning the revised lay-out plan for the land/ plots.

3. The brief facts of the case is as under:

    3.1 The Taluka Development Officer- T.D.O. Dhanera vide order dated 28.7.1997 granted permission for non-agricultural user (N.A. permission) for residential purpose for the land bearing Survey No. 117/1, 117/2, 117/3, 117/4 and 117/5 admeasuring Acre 6-15 gunthas situated at Moje Samarwad, Ta. Dhanera, District: Banaskantha and sanctioned the lay-out plan accordingly. From the said land, the petitioner purchased Plot Nos. 13

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