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Gujarat High Court

Chavda Sarafathusen Jamsherkhan vs District Collector, Banaskantha on 17 September, 2021

Author: Nikhil S. Kariel

Bench: Nikhil S. Kariel

      C/SCA/13319/2021                                         ORDER DATED: 17/09/2021




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/SPECIAL CIVIL APPLICATION NO. 13319 of 2021
============================================
            CHAVDA SARAFATHUSEN JAMSHERKHAN
                           Versus
             DISTRICT COLLECTOR, BANASKANTHA
============================================
Appearance:
MR. AUM M KOTWAL(7320) for the Petitioner(s) No. 1,2,3
MS SHREE KOTWAL(11177) for the Petitioner(s) No. 1,2,3
MS DHARITRI PANCHOLI AGP for the Respondent(s) No. 1
============================================
 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                         Date : 17/09/2021

                                           ORAL ORDER

Heard learned Advocate Shri Kotwal for the petitioners, would submits that an order dated 05.12.2019 issued by the Collector, Banaskantha is being challenged in the present petition in so far as the said order lays down a condition that the tenure of the land cannot be changed for any other purpose for a period of 15 years. Learned Advocate would draw the attention of this Court to Form No.7 & 12 with regard to the land in question and would submit that as such father of the present petitioner has been tilling the land from the year 1982-83 which is reflected from the said revenue records and where as imposing such a condition in the year 2019 after many rounds of the litigations before this Court as well as Hon'ble Supreme Court imposition of such condition would not be justifiable.

Having regard to the same, issue Notice returnable on 22.10.2021. Learned AGP Ms. Dharitri Pancholi waives service of Notice on behalf of the respondent.

Direct service is permitted.

(NIKHIL S. KARIEL,J) Y.N. VYAS Page 1 of 1 Downloaded on : Sat Sep 18 05:03:04 IST 2021