Ashokkumar B. Naik vs State of Gujarat and Others

K.S. Jhaveri, J.—By way of this petition, the Petitioner seeks to challenge the order passed by the Deputy Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application No. 319/1986 dated 11.04.1986, whereby, the order passed by the Taluka Development Officer dated 21.01.1982 was quashed and set aside by exercising suo motu powers u/s 211 of the Bombay Land Revenue Code and appropriate action under the provisions of the said Act was ordered to be initiated in respect of the land bearing Survey No. 90-B of Village Baska, Taluka Halol, District Panchmahals, admeasuring 6070 sq. metres. By passing the impugned order, the said land was cancelled from N.A. w.e.f. 25.01.1995.

The facts in brief are that in pursuance of the application dated 17.09.1982 made by the original owner of the land in question, Respondent No. 2-T.D.O. granted permission for Non-Agricultural use of the said land vide order dated 21.10.1982. The Petitioner herein purchased the said land from the original owner by registered sale deed dated 08.11.1982 for the purpose of starting a pharmaceutical factory.

The Petitioner was served with a show cause Notice dated 04.03.1986 issued by the Deputy Secretary (Appeals), State of Gujarat, to show cause as to why the order dated 21.10.1982 passed by Respondent No. 2-T.D.O. be not taken in suo motu revision u/s 211 of the said Act. Thereafter, by way of impugned order dated 11.04.1986, the Deputy Secretary (Appeals) quashed the order dated 21.01.1982 passed by Respondent No. 2-T.D.O. granting N.A. permission and directed to initiate necessary action under the provisions of the said Act. The Petitioner was communicated about the said order by communication dated 25.01.1995 of the Talati-cum-Mantri concerned. Hence, this petition.

Heard learned Counsel for the respective parties and perused the documents on record. It appears from the record that in pursuance of the Government Resolution dated 26.09.1978 passed by the Revenue Department, State of Gujarat, the powers u/s 65, 66 & 67 of the said Act were granted to the concerned Taluka Panchayat. The Respondent No. 2-T.D.O. has granted N.A. permission in respect of the land in question vide order dated 21.10.1982. However, there is nothing on record to show that the Taluka Development Officer has been conferred with the powers under the said Act to grant such permission. Apart from that it also appears that no opinion of the concerned authority has been obtained to ascertain as to whether the land in question was under acquisition or not. It is also found that no prior permission of the authority concerned had been obtained to know as to whether the land in question was controlled by the provisions of Section 43 of the Bombay Agricultural Lands & Tenancy Act. In view of the above, it was found that the order passed by Respondent No. 2-T.D.O. granting N.A. permission in respect of the land in question was without jurisdiction and bad in law.

The authorities below have appreciated the evidence on record in its proper perspective and while doing so, have not committed any illegality or impropriety warranting interference from this Court in this petition. Consequently, the petition is dismissed. Rule is discharged. Interim relief stands vacated.