Back
SUNITA AGARWAL, ANIRUDDHA P. MAYEE
State Of Gujarat – Appellant
Versus
Rekha Subhash Sagar – Respondent
ORDER :
(Sunita Agarwal, J.)
Order in Civil Application (for Condonation Of Delay) No. 73 Of 2024
The delay occurred in filing the instant Letters Patent Appeal has been explained to the satisfaction of the Court. Hence, delay is condoned. Present Civil Application is allowed. The Appeal be treated to have been filed within time. Registry is directed to give pakka number to the Appeal.
Order in Letters Patent Appeal No. 11 of 2024
1. The present intra-court appeal is filed against the judgment and order dated 31.03.2023 passed by the learned Single Judge, whereby the writ petition filed by the respondents herein seeking to challenge the order dated 27.02.2019 passed by the Revenue Department and consequential orders and communications of the Collector have been held to be untenable in the eye of law and are, accordingly, quashed and set aside.
2. We may note, at the outset, that by setting aside the orders passed by the Revenue Department and consequential orders of the Revenue Authorities, the learned Single Judge has directed to pass necessary orders for change of use of the land-in-question within a period of eight weeks from the date of the order i.e. 31.03.2023.
3. It seems that
The main legal point established in the judgment is the application of the provisions of the Gujarat Tenancy and Agricultural Lands Act, 1948, particularly Section 63, Section 65, and Section 65A, to....
The last contention regarding n on applicability of provisions of the Act to a land which is permitted to be converted into n on agricultural land by a competent Court also merits acceptance in light....
The conclusion of an administrative review requires the immediate consideration of pending applications for land conversion and NA permission from the original submission date, not as fresh applicati....
Point of law: The Court is unable to accept such argument on the ground that while treating the restriction under Section 43 of the Tenancy Act, the premium charged was only for the purpose of change....
The court emphasized the principle that rejection of an application for land conversion based on a past breach, without subsequent action against the responsible parties, is unjustifiable.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
