01Facts
The petitioner, recorded as occupant and khatedar of Survey No. 1264-Paiki-1 at Mouje Naliya, applied for non-agricultural (N.A.) permission under Section 65 of the Gujarat Land Revenue Code, 1879.
¶ 3The Collector, Kutch, consigned the application to file on the ground that Naliya was included in a list of villages where land acquisition was to be undertaken, relying on the Government Resolution dated 2 June 2026.
¶ 3The petitioner challenged that decision, contending that his survey number was not included in Village Form No. 6, Entry No. 7285, which recorded the lands under acquisition. The State did not controvert that factual position.
¶ 4.1–502Issues
i.1. Whether the Collector could reject the petitioner’s N.A. permission application on the ground of pending acquisition proceedings when the petitioner’s survey number was not included in the relevant revenue entry identifying the lands under acquisition.
¶ 3, 6ii.2. Whether the challenged order should be set aside and the application reconsidered.
¶ 603Law Applied
Section 65 of the Gujarat Land Revenue Code, 1879, governs applications for permission to use land for a non-agricultural purpose.
¶ 3The Collector’s decision was also assessed against the Government Resolution dated 2 June 2026, on which the rejection was based.
¶ 3, 6The Court applied these provisions and the Resolution to the documentary record identifying the specific lands under acquisition; it cited no judicial precedents.
¶ 6Provisions in the judgment · 1
Gujarat Land Revenue Code, 1879 Section 65
04Reasoning
The Court examined Entry No. 7285 in Village Form No. 6 and found that it specifically listed Survey Nos. 7, 107/1, 63, 68, 72, 74, 75/2, 96, 114/2, 117/1, 117/2 and 503, but not the petitioner’s Survey No. 1264-Paiki-1.
¶ 6As the State did not dispute the petitioner’s factual contention, the Court held that the Collector’s reliance on the acquisition proceedings and the Government Resolution to reject this application was erroneous.
¶ 5–605Holding
The petition was partly allowed, and the Collector’s order dated 7 August 2026 was quashed and set aside.
¶ 7The petitioner was directed to file a fresh N.A. permission application with the relevant documents, and the Collector was directed to decide it in accordance with law within the statutory period.
¶ 7The judgment’s final direction refers to Form No. 6 Entry No. 7258 dated 12 June 2026, although its discussion identifies Entry No. 7285; this discrepancy appears in the text of the judgment.
¶ 6–7Rule was made absolute to that extent.
¶ 7Original Court PDF
AHEMAD ABDULLA MEMONvsSTATE OF GUJARAT
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