ORAL JUDGMENT

1. Being aggrieved and dissatisfied with the order dated 04.04.2018 passed by the learned Collector Banaskantha, the petitioner has preferred this petition under article 226 of the Constitution of India for the following reliefs.

“A) Your Lordships may be pleased to admit and allow this petition.

B) Your Lordships may be pleased to issue a writ of certiorari and/or any other appropriate writ, order or direction in the nature of certiorari quashing and setting aside the order dated 04.04.2018 (Annexure- A) passed by respondent No.1 herein District Collector, Banaskantha.

C) Pending admission, hearing and/or final disposal of this petition, Your Lordships may be pleased to stay the execution, operation and implementation of order dated 04.04.20118 (Annexure-A) passed by respondent No. 1 -

District Collector, Banaskantha D) Such other and further orders as Your Lordships may deem just, fit and expedient be passed in favour of the petitioners.

(E) Your Lordships may be pleased to issue a writ of certiorari and/or any other appropriate writ, order or direction in the nature of certiorari quashing and setting aside the opinion of the District Collector, Banaskantha dated 23.01.2018 (Annexure-P) of not granting the revision of plan from Marble Cottage Industries to Commercial Purpose and in turn be pleased to quash and set- aside the order of the District Panchayat, Banaskantha dated 07.02.2018 (Annexure-Q) permitting to revise the plan from Marble Cottage Industries to that of Commercial use, to the petitioner.”

2. The brief facts giving rise to the present petition are as under.

2.1.The land bearing survey number 7/1 admeasuring

6475 square metres of Village Koteshwar, Taluka Danta, District Banaskantha was originally owned by Kikat Bhima Somabhai. In the year 2015, Shri Bhima Bhai approached Collector Banaskantha for granting permission under section 73AA of the Gujarat Land Revenue Code for selling his land to M/s. Nirmal Marble for carrying out the activities of Marble Cottage Industry, the same was granted with certain conditions.

2.2.After obtaining such permission, Bhimabhai applied for grant of permission under section 63 of the Bombay Tenancy and Agriculture Lands Act to the Deputy Collector, Danta which was granted on 19/09/2015 with certain conditions. Pursuant to the said permission, Bhimabhai sold the said land to M/s. Nirmal Marbles, through its proprietor Manish Kantilal Patel, vide registered sale deed dated 07/10/2015. Thereafter, necessary construction permission was obtained from the Town Planning Officer, Palanpur in January, 2016.

2.3.M/s. Nirmal Marbles, through its proprietor Manish Patel, applied to the Collector Banaskantha for grant of permission to use the land for NA purposes for marble cottage industries, which was came to be granted on

26.04.2016 with certain conditions.

2.4. Thereafter, M/s Nirmal Marbles through its proprietor Manish Patel applied for sanction of revised plan on the land in question which was granted subject to payment of premium.

2.5. Thereafter, on 03.09.2016 the land in question was sold to Madhav Infrastructure by M/s. Nirmal Marbles through its proprietor Manish Patel vide registered sale deed.

2.6. Thereafter, the petitioner applied to Kumbharia Group Gram Panchayat on 21.09.2016 for issuance of Raja chithi, the same came to be granted by the Panchayat. On 18.03.2018, the petitioner applied for industrial registration which was granted on 21.03.2018.

2.7. According to the petitioner he was approached by one Abbas bhai and in the name of Mr. M.K. Syed, the owner of the newspaper namely “The Message Dainik” and demand was made for carrying on construction on the site otherwise, he would be defamed in the newspaper.

2.8. According to the petitioner, one of the petitioners namely Lalitkumar Hemrajani filed complaint before Ambaji Police Station against Abbas, Abdul, , M.K. Saiyad. It is alleged that in view of such complaint, Mr.M.K. Saiyad owner of the newspaper complained to the Dep