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2022 Supreme(Guj) 1119

SANGEETA K. VISHEN
Sanjay Pravinkumar Shah – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Mr. Jaimin R. Dave, Ms. Hirva R. Dave.
For the Respondent: Mr. Nikunj Kanara.

ORDER :

1. With the consent of the learned Advocates appearing for the respective parties, the matter is taken up for final hearing.

2. By this petition, inter alia, under Article 226 of the Constitution of India, the petitioners have prayed for quashing and setting aside the order dated 16.12.2021 passed by the Collector in application bearing reference no. 31916202104863, whereby the Collector has rejected the application seeking Non-agricultural permission (hereinafter referred to as "the NA permission") on the ground of pendency of the RTS proceedings (six in number) before the learned Special Secretary, Revenue Department (hereinafter referred to as "the learned Secretary"). Being aggrieved, the petitioners have preferred the present writ petition, with the aforementioned prayers.

3. Briefly stated are the facts:

3.1. The land bearing survey no. 70, mauje Manjalpur, taluka Vadodara, admeasuring 8296 sq. mts. (hereinafter referred to as "the land in question") originally belonged to one Ramabhai Bariya. In the year 1940, Ramabhai Bariya had decided to transfer the land in question in favour of his grandson Bariya Babarbhai Shankarbhai through registered gift deed and accordingly

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