Gujarat High Court
Maheshbhai Jesabhai Kandoriya vs State Of Gujarat on 24 July, 2025
NEUTRAL CITATION
C/SCA/9546/2025 ORDER DATED: 24/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9546 of 2025
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MAHESHBHAI JESABHAI KANDORIYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1
MR. HJ KARATHIYA(7012) for the Petitioner(s) No. 1
MS POOJA ASHAR AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 24/07/2025
ORAL ORDER
1. RULE. Rule returnable forthwith. Ms. Pooja Ashar, learned AGP waives service of rule for the respondents.
2. With the consent of the learned counsels for the parties, the matter is taken up for final hearing and disposal.
3. It is submitted by the learned advocate for the petitioner that by impugned order dated 20.05.2025, the application of the petitioner under Section 65 of the Gujarat Land Revenue Code, 1879 ["Code" for short] seeking permission for Non Agriculture use has been rejected on the ground that it is not clear as to the decision dated 18.06.2009 passed in Special Civil Application No.11071 of 2000 has been accepted by the State Government and/or whether any appeal has been filed. He submits that the said reason is not of relevant consideration for deciding the N.A. application of the petitioner.
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4. Ms. Pooja Ashar, learned Assistant Government Pleader for the respondent authorities submits that since there is no clear position in respect of the decision of this Court in Special Civil Application No.11071 of 2000, the respondent authorities have not decided or adjudicated the N.A. application on its own merits.
5. Considered the submissions and perused the documents on record. It is well settled by decisions of this Court that pendency of any civil litigation or consideration of appeal in decided cases cannot be a valid ground for rejecting the N.A. application. In the present case, the decision of this Court in Special Civil Application No.11071 of 2000 has been passed on 18.06.2009. More than 16 years have passed. There is no need for any clarification with respect to the judgment dated 18.06.2009 since no appeal has been filed by the State Government till date nor anything has been brought on record to that effect. Therefore, in the considered opinion of this Court, the impugned communication is bad in law and is set aside. The application of the petitioner being Application No.32701202500417 is restored back to the file of the Collector, Devbhoomi-Dwarka. The respondent No.2 - Collector, Devbhoomi-Dwarka is directed to decide the said application on its own merits and in accordance with law within the stipulated period as prescribed by law.
With the aforesaid directions, the present Special Civil Application stands disposed of. Rule is made absolute to Page 2 of 3 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:21:04 IST 2025 NEUTRAL CITATION C/SCA/9546/2025 ORDER DATED: 24/07/2025 undefined aforesaid extent. No order as to costs.
Direct Service is permitted.
(ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN Page 3 of 3 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:21:04 IST 2025