Yogeshbhai Ratilal Mhida vs State Of Gujarat
2023 Latest Caselaw 4997 Guj

     C/SCA/3163/2022                                 ORDER DATED: 28/06/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 3163 of 2022

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                        YOGESHBHAI RATILAL MHIDA
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR DARSHAN B GANDHI(9771) for the Petitioner(s) No. 1
MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1
MR JAYNEEL PARIKH AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                               Date : 28/06/2023

                                ORAL ORDER

1. On 02.05.2022, this Court passed the following order:-

"Mr. S. P. Majmudar, learned Advocate with Mr. Darshan Gandhi, learned Advocate appearing for the petitioner submitted that the application under Section 65, was rejected by the Collector, on the ground that in the revenue record the name of the Director of M/s. Kaulini Agro Pvt. Ltd. has been shown without any basis; no revenue record is available to suggest that the name of Govindbhai Vardha was deleted and difference in measurement area for the land in question. It is submitted before passing the impugned order no opportunity of hearing was granted and therefore the order is in violation of principles of natural justice.

C/SCA/3163/2022 ORDER DATED: 28/06/2023

Considered the submissions. Issue notice to the respondents returnable on 10.06.2022. Mr. Meet Thakkar, learned Assistant Government Pleader waives service of notice on behalf of respondent no. 1. Direct service is permitted for respondent no. 2."

2. Thereafter, the petitioner once again applied for Non- Agriculture permission which came to be rejected by order dated 17.05.2022.

3. It is submitted by learned advocate Mr. S. P. Majmudar for the petitioner that the objection raised by the learned Collector while rejecting the Non-Agriculture permission application can be duly explained by the petitioner. He submits that the opportunity of hearing be given and the Collector may be directed to reconsider the application of the petitioner by granting personal hearing before passing a fresh order. Learned advocate for the petitioner has relied upon order dated 18.03.2013 passed in Special Civil Application No.6008 of 2012 by this Court. He has also relied upon judgment and order dated 07.12.2018 passed in Special Civil Application No.494 of 2015 by this Court, in particular paragraph 48 thereof.

4. Learned AGP Mr. Jayneel Parikh submits that there is no provision for hearing the applicant while deciding the Non- Agriculture permission application. He admits that in some cases, this Court has granted an opportunity of hearing before the Collector.

5. In view of the aforesaid submissions made by learned advocates, impugned orders dated 20.09.2021 and 17.05.2022 are

C/SCA/3163/2022 ORDER DATED: 28/06/2023

hereby quashed and set aside. Respondent No.2 Collector is directed to decide Non-Agriculture permission application dated 19.02.2022 afresh after giving due hearing to the petitioner within a period of three months from the date of receipt of this order.

6. With the aforesaid observations, the present Special Civil Application stands disposed of. No order as to costs.

Direct service is permitted.

(ANIRUDDHA P. MAYEE, J.)

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