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2024 Supreme(Online)(GUJ) 4013

HIGH COURT OF GUJARAT
MR. JUSTICE NIKHIL S. KARIEL, J
NARAYAN LAND HOLDING COMPANY – Appellant
Versus
SPECIAL SECRETARY (APPEALS) REVENUE DEPT. – Respondent


Petitioner Advocates:MR DEEP B KOTHARI(12220) ,Respondent Advocate: ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99)

ORDER

1.Heard learned Advocate Mr. Deep Kothari on behalf of the petitioner and learned Assistant Government Pleader Mr. Nikunj Kanara on behalf of respondent- State.

2.By way of this petition, the petitioner has challenged an order dated 17.02.2023 issued by learned Special Secretary Revenue Department (SSRD) more particularly whereby the NA permission granted to the predecessor of the petitioner has been cancelled.

3.Considering the submissions made by learned Advocate Mr. Kothari and having perused the documents on record, it would prima facie appear that the NA permission had been cancelled by the SSRD inter alia on the ground that the predecessor in title who had applied for NA permission, did not, in the NA application, mention the fact of a civil suit pending between the predecessor-in- title and the revision applicant before the learned SSRD. It would also appear that though the learned SSRD takes note of the fact that the said litigation had concluded against the revision applicant till this Court, yet, on the ground of the litigation not being mentioned, the learned SSRD has cancelled the NA permission.

4.To this Court it would appear that after decision of this Court in case

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