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2022 Supreme(Guj) 764

A. P. THAKER
Siraj Yakub Bhaiyat – Appellant
Versus
State Of Gujarat – Respondent


Advocates appeared:
Mehul Sharad Shah, Najmuddin R.Meghani, Nikunj Kanara, Advocates

JUDGMENT :

1. By way of the present petition under Article 226 of the Constitution, the petitioners have challenged the order dated 29.07.2019 passed by learned Special Secretary, Revenue Department ("Ld. SSRD" for short) in Revision Application No. 01 of 2019, confirming the order dated 30.07.2018 passed by the Ld. District Collector, Bharuch in refusing the non-agriculture permission to the petitioner.

2. The facts, in nutshell are as under:

    2.1 The petitioners are the owners of the land bearing survey No. 79 (old survey No. 286) admeasuring 8152 sq. mtrs. of village Sanjali, Taluka: Ankleshwar, Dist: Bharuch which they have received in succession and the succession entry No. 2606 was mutated in revenue record on 07.01.2011.

2.2 That since the land was restricted tenure land and petitioners inclined to use it for residential purpose, they made an application dated 02.06.2011 to the District Collector, Bharuch to convert the said land into old tenure for non-agriculture use. The petitioner deposited an amount of Rs. 27,91,960/- towards the premium as demanded by the District Collector, Bharuch. The District Collector, Bharuch vide his order dated 08.11.2011 granted permission to conve

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