ORAL JUDGMENT

1. Heard Mr. Nishit P. Gandhi, the learned advocate appearing for the petitioner and Ms. Dharitri Y. Pancholi, the learned AGP appearing for the respondent – State.

2. Rule returnable forthwith. Ms. Dharitri Y. Pancholi, the learned AGP waives service of rule for and on behalf of the respondent – State.

3. By way of present petition, the petitioner herein has challenged the impugned order dated 7.5.2025 passed by the respondent No.2 – District Collector, Patan pursuant to the Application No.30301202500202 seeking Non-Agricultural Use Permission under Section 65 of the Gujarat Land Revenue Code, 1879 (hereinafter referred to as ‘the Code’ for short) which came to be rejected on the ground that the measurement of original holding of land is increased more than 5% after re-survey promulgation.

4. Mr. Nishit P. Gandhi, the learned advocate appearing for the petitioner submits that the aforesaid is contrary to the powers that can be enforced under Section 65 of the Code. It is submitted that the respondent No.2 is required to summarily inquire whether the petitioner is the legally occupying the land in question and is undert