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SCA/112/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION NO. 112 OF 2008
======================================
AGRICULTURE
PRODUCE MARKET COMMITTEE-DANTA - Petitioner
Versus
STATE
OF GUJARAT & ORS. - Respondent(s)
======================================Appearance
:
Mr. S. K. Gadhavi for
Petitioner(s).
Government Pleader for
Respondent(s) : 1.
None
for Respondent(s) : 2 - 3.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 23/07/2008
ORAL
ORDER
The
petitioner-Agricultural Produce Market Committee has challenged an
Order dated 15th December, 2007 passed by the Secretary
(Appeals), Revenue Department, Government of Gujarat. By the said
order, the Revenue Secretary set aside the order of the Taluka
Development Officer.
2. The
petitioner was granted Government land. The petitioner, however, had
to pay a sum of Rs.1,21,410/- before conversion of the land from
agricultural to non-agricultural use. This was not done, despite
which necessary permission for development of the land for
non-agricultural use was granted. It was this order which was
challenged by the Government before the Secretary.
3. Having
perused the order, I find that the facts are not in dispute. The
petitioner had not fully deposited the said amount and was in
arrears by Rs.96,410/-, despite which the permission for development
of the land was granted by the Taluka Development Officer, which
could not have been done. The Secretary, therefore, rightly set aside
the order of the Taluka Development Officer. The petition is devoid
of merits and therefore, rejected.
[Akil
Kureshi, J.]
kamlesh*
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