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SCA/2149/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2149 of 2011
=========================================
PATEL
UMANGKUMAR DAHYABHAI & 5 - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================
Appearance :
MR
HARDIK C RAWAL for
Petitioner(s) : 1 - 6.
MRS MH RAWAL for Petitioner(s) : 1 - 6.
MR PRANAV
DAVE, AGP for Respondent(s) : 1 -
3
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 22/02/2011
ORAL
ORDER
1. It
is not in dispute that the proceedings are pending before the
District Development Officer, Patan and there is no final decision
taken by the District Development Officer, Patan on the application
submitted by the petitioners for Non Agricultural Use Permission.
Vide communication dated 28/01/2011 the District Development Officer,
Patan sought opinion from the Assistant Collector, Patan and it
appears from the communication at Annexure Q dated 09/02/2011 that
the Assistant Collector, Patan has already sent its opinion to the
District Development Officer, Patan and, therefore, considering the
same now the District Development Officer, Patan is required to pass
an appropriate order in accordance with law on its own merits on the
application submitted by the petitioners. Nothing is on record that
any final decision has been taken by the District Development
Officer, Patan on the application by the petitioners for grant of Non
Agriculture Use Permission. Hence, the present petition is not
entertained. However, it is expected that the District Development
Officer, Patan shall pass an appropriate final order on the
application submitted by the petitioners for grant of Non Agriculture
Permission at the earliest. It goes without saying that if at all
any decision is taken adverse to the petitioners it will be open for
the petitioners to challenge the same before appropriate forum, which
may be considered in accordance with law on its own merits.
2. With
this, the present petition is disposed of.
Direct
service is permitted.
(M.R.
SHAH, J.)
siji
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