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NIKHIL S. KARIEL
Tusharbhai Chandubhai Patel – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
NIKHIL S. KARIEL, J.
1. Heard learned advocate Mr. Hriday Buch for learned advocate Mr. Yash Nanavaty for the petitioner and learned AGP Mr. J.K. Shah for the respondent – State.
2. By way of this petition, the petitioner inter alia challenges orders dated 27.06.2023 and 28.06.2023, whereby the application of the petitioner for conversion of the land from restricted to unrestricted tenure for the purpose of non-agricultural use and the application for grant of NA permission had been consigned to file, more particularly on the ground that an order passed by the Mamlatdar and ALT, Vadodara, in Tenancy Case No.1 of 2023 under Section 84C of the Tenancy Act was being subjected to review.
3. At the outset, it requires to be noted that pursuant to certain later developments, which this Court, will refer to herein after, while the matter could have been decided on a very short point, yet, since a legal issue is being raised, the Court is required to delve deeper into the factual and legal aspect involved.
4. To clarify as noted hereinabove, the application for conversion from restricted to unrestricted tenure for the purpose of non-agricultural use and the NA application itself were
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....
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....
The central legal point established in the judgment is the significance of the validity of the order passed by the Mamlatdar and ALT in 1961 and its subsequent review, along with the statutory limita....
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 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....
Point of Law : Since at this stage petitioner's application is not accepted, it would not prevent the petitioner from all time to come not to repeat the request after disposal of inter se litigations....
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