Case Note & Summary
The dispute involved a writ petition challenging the rejection of Non-Agricultural permission for land use conversion. The petitioners had purchased agricultural land through registered sale deed and mutation entries were recorded in revenue records. They applied for NA permission for residential use to the Deputy Collector, which was rejected on grounds that title to the land was not clear. The petitioners preferred revision before the Special Secretary (Appeals), which upheld the rejection. The core legal issue was whether the competent authority under Section 65 of Gujarat Land Revenue Code could reject NA permission based on unclear title. The petitioners argued they were lawful owners and occupants, mutation entries were certified, and authorities ignored registered sale deed. They contended that earlier NA permission had been granted for the same land, and Rajkot Urban Development Authority had granted development permission. They submitted that authorities misinterpreted Section 65 and breached natural justice. The respondent authorities argued the land was agricultural, petitioners were subsequent purchasers, and rejection was based on Mamlatdar's report showing unlawful conversion. The court analyzed Section 65, noting it uses 'occupant of the land' and requires only proof of occupancy at time of application, not title verification. The court held that authorities have no power under Section 65 to examine or conclude title of applicant. Rejection based solely on unclear title exceeded statutory scope and was without jurisdiction. The court quashed the impugned orders and directed competent authority to reconsider application strictly within Section 65 scope within six weeks.
Headnote
A) Land Revenue Law - Non-Agricultural Permission - Scope of Authority Under Section 65 - Gujarat Land Revenue Code, 1879, Section 65 - Petitioners applied for NA permission for residential use which was rejected by authorities on ground of unclear title - Court held that Section 65 requires only proof of occupancy, not title verification, and competent authority lacks jurisdiction to examine title - Impugned orders quashed as beyond statutory scope (Paras 6-8). B) Administrative Law - Judicial Review - Excess of Jurisdiction - Gujarat Land Revenue Code, 1879, Section 65 - Authorities rejected NA permission by inquiring into title despite statutory limitation - Court found authorities exceeded powers vested under Section 65 by adjudicating title issue - Orders set aside as without jurisdiction (Paras 7-8).
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Issue of Consideration: Whether the competent authority under Section 65 of Gujarat Land Revenue Code, 1879 can reject an application for Non-Agricultural permission on the ground that the applicant's title to the land is not clear
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Final Decision
Impugned orders dated 30.05.2014 and 05.04.2016 quashed and set aside; competent authority directed to pass appropriate order on NA permission application within scope of Gujarat Land Revenue Code within six weeks; Special Civil Application allowed
