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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ANIRUDDHA P.MAYEE
Nitinbhai Mavjibhai Sinojiya – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. details of property purchase and initial permissions (Para 1 , 2) |
| 2. arguments about rightful ownership and title clarity (Para 3 , 4) |
| 3. consideration of parties’ submissions (Para 5) |
| 4. legal interpretation of section 65 glrc (Para 6 , 7) |
| 5. conclusions drawn regarding jurisdiction and order quashing (Para 8) |
JUDGMENT :
ANIRUDDHA P. MAYEE, J.
1. By the present writ petition, the petitioners impugn the order dated 05.04.2016 passed by the Special Secretary (Appeals), Revenue Department, Ahmedabad as well as the order dated 30.05.2014 passed by the Dy. Collector, Dhoraji rejecting the application for grant of Non-Agricultural [“NA” for short] permission by the petitioners.
2. The factual matrix in the present case is that, the petitioners have purchased Survey No.1332/paiki 1/paiki 1 at Village Bhayavadar, Taluka Upleta, District Rajkot through registered sale deed No.538 and mutation entry No.19582 also came to be recorded in favour of the petitioners in the revenue records based on the sale deed. Thereafter, mutation entry No.19809 came to be entered and certified reflecting partition and separate ownership of the land admeasuring 1-19-96 sq. mts. in favour of the peti
Authority under Gujarat Land Revenue Code cannot assess land title when considering applications for Non-Agricultural permission; the focus must remain on occupancy rights.
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