ORAL JUDGMENT

1. Heard Mr. Nishit Gandhi, the learned advocate appearing for the petitioner and Ms. Devanshiba Rana, the learned AGP appearing for the respondent – State.

2. By way of present petition, the petitioner herein is aggrieved by the impugned order passed by the respondent No.2 dated 19.5.2023 in No.MVV/BKP/BNS/2/2023 confirming the order passed by the respondent No.3 - Collector, Banaskantha in Order No.JMN/3/Vashi/ 2096 dated 10.1.2023 wherein by the said order the petitioner’s application seeking N.A.Use Permission under Section 65 of the Code is rejected on the ground that the validity of the order passed by the Mamlatdar and ALT regarding tenancy proceedings and removal of new tenure is required to be inquired and further the status of agriculturist of persons entered by way of Entry No.4566 is not clear and there is variation in area of land.

3. Mr. Nishit Gandhi, the learned advocate appearing for the petitioner submits that the impugned order suffers from exercise of powers beyond jurisdiction. The respondent authorities having cross utilized the powers. It is also submitted that the authority cannot go beyond the provisions of Section 65 of the Code and question