Rejection of a non-agricultural land use conversion application based on the pendency of a revision proceeding is erroneous if the proceeding is subsequently disposed of and the applicant is the lawful owner.

ORAL ORDER

1. Heard Mr. Parth A. Patel, learned advocate appearing for the petitioner and Ms. Dharitri Pancholi, learned AGP appearing for the respondent – State authorities.

2. By way of the present petition, the petitioner herein prays for the following reliefs:

“10. The petitioner therefore, humbly pray that,

(A) This Hon'ble Court be pleased to issue a writ of certiorari and mandamus or any other appropriate writ and command the District Collector, Kheda to grant non-agricultural use permission in respect of agricultural land bearing Block No. 831 admeasuring 3743 Sq. Mtrs situated at being Mouje Raska, Taluka Mahemdavad and District Kheda and further be pleased to quash and set aside the impugned order dated 06/04/2024 at "ANNEXURE-A" passed by the District Collector, Kheda in the interest of justice.

(B) This Hon'ble Court may be pleased to grant ad interim relief in terms of (B) above and pass such other further relief in favor of the petitioner as deemed just and proper in the facts and circumstances of the case.”

2. The petitioner herein has challenged the impugned order dated 06.04.2025 passed by the respondent no. 2 – Collector, pursuant to the petitioners Application bearing No. 61605202400502 dated 20.02.2025 for conversion of the land from agricultural purpose to Non-Agricultural purpose upon payment of the amount of premium under Section 43 of the Gujarat Tenancy and Agricultural Lands Act, 1948, (for short, “the Tenancy Act”) which came to be rejected on the ground of pendency of a revision proceedings being No. HKP/KHD/43/2024 before the Special Secretary, Revenue Department.

3. Mr. Patel, learned advocate submits that the impugned order is contrary to the powers as provided under Section 65 of the Gujarat Land Revenue Code, 1879, and the ratio laid down in the case of Tushar Ghelani Vs. State of Gujarat reported in 2019 (4) GLR 2578. It is submitted that the petitioner herein has purchased the land in question by way of a registered sale deed which is not in dispute and is an owner and occupier of the land in question.

4. Ms. Pancholi, learned AGP is not in a position to dispute the factual position and further submits that the said revision application pending before the SSRD is also disposed of.

5. Having heard the learned advocates appearing for the respective parties, it is not in dispute that the application preferred by the petitioner herein for conversion of land from agricultural purpose to Non-Agricultural purpose came to be rejected on an erroneous ground that the petitioners Revision Application No. HKP/KHD/43/2024 is pending before before the Special Secretary, Revenue Department. The said revision application is also disposed of.

6. In view of the aforesaid, the impugned order passed by the respondent no. 2 dated 06.04.2025 in exercise of powers under Article 226 of the Constitution of India is quashed and set aside.

7. If the petitioner herein were to prefer a fresh application, seeking NA use permission upon payment of premium under Section 43 of the Tenancy Act, the same be considered by the competent authority in accordance with law.

8. Accordingly, the present petition stands disposed of.

Direct service is permitted.