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NIRZAR S. DESAI
Savitaben Harendrakumar Patel – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. With the consent of learned advocates appearing for the respective parties, the matter is taken up for final disposal today itself. Rule. Ms. Nirali Sarda, learned Assistant Government Pleader waives service of rule on behalf of respondents.
2. By way of this petition, the petitioner has challenged the order dated 13.4.2023 passed by the respondent No.3 - Resident Additional Collector, Mahisagar whereby the petitioner's application under Section 65 of the Gujarat Land Revenue Code seeking N.A. permission in respect of the land bearing Survey / Block No.103 (Old No.34/1) of village Moti Charel, Taluka Lunawada, Dist. Mahisagar was rejected on the ground that one Rana Sandipkumar Ishwarlal was whether an agriculturist or not could not be verified.
3. It is the case of the petitioner that land bearing Survey No.103 (Old Survey No.34/1) admeasuring 00 - 31 - 36 Hectare - RA - Sq. Mts. of land situated at village Moti Charel, Tal. Lunawada, Dist. Mahisagar was owned and occupied by one Shakalbhai Shamjibhai. Upon death of Shakalbhai Shamjibhai, his legal heir, namely, Natha Shakal and Prabhudas Shakalbhai were entered into the revenue record for which mutation Entry No.239
The status of the predecessor-in-title as an agriculturist is irrelevant to the N.A. permission application, and the relevant consideration is only holding and occupancy of the land.
The main legal point established in the judgment is that the Collector's decision to reject the N.A permission application based solely on a pending Special Civil Application was not justified, and r....
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