Case Note & Summary
The petitioner, Kanabhai Jakhrabhai Dangar, filed a Special Civil Application under Article 226 of the Constitution before the Gujarat High Court challenging the order dated 1.11.2025 passed by the District Collector, Kachchha (respondent No.2). The impugned order rejected the petitioner's online application dated 19.12.2022 filed under Section 65 of the Bombay Land Revenue Code, 1879 seeking permission to convert agricultural land bearing Survey No.523/1 admeasuring 30,453 Sq.Mtrs. situated at Village Mithi Rohar, Taluka Gandhidham, District Kachchha into non-agricultural use. The Collector rejected the application on the ground that the permission granted by the Mamlatdar under Section 37(2) of the Code was subject matter of challenge before the Gujarat Revenue Tribunal. During the hearing, the Court was informed that subsequent to the impugned order, the Gujarat Revenue Tribunal by order dated 22.12.2025 rejected the State's Revision Application No.KUTCH/122 of 2024. The learned AGP submitted that if the petitioner were to prefer a fresh application, the same would be decided by the competent authority in accordance with law and in light of the Tribunal's order. The Court held that in view of the undisputed fact that the revision application stands rejected, the reasons assigned by the Collector for rejecting the NA permission no longer survive. Accordingly, the Court quashed and set aside the impugned order dated 1.11.2025 and directed that the petitioner is at liberty to file a fresh application under Section 65 of the Code, which shall be decided by the competent authority afresh in accordance with law, without being influenced by the earlier rejection, and as expeditiously as possible. The petition was disposed of accordingly.
Headnote
A) Land Revenue - Non-Agricultural Use Permission - Section 65 Bombay Land Revenue Code, 1879 - Rejection of application - The petitioner's application for NA permission was rejected by the District Collector on the ground that the permission under Section 37(2) of the Code was subject matter of challenge before the Gujarat Revenue Tribunal. Subsequently, the Tribunal rejected the State's revision application. Held that the reason for rejection no longer survives, and the petitioner is at liberty to file a fresh application which shall be decided afresh in accordance with law (Paras 3-7).
Issue of Consideration
Whether the rejection of the petitioner's application under Section 65 of the Bombay Land Revenue Code, 1879 for non-agricultural use permission was sustainable when the underlying reason (pending revision before Gujarat Revenue Tribunal) no longer existed.
Final Decision
The impugned order dated 1.11.2025 passed by the respondent No.2 is quashed and set aside. The petitioner is at liberty to file a fresh application under Section 65 of the Bombay Land Revenue Code, 1879, which shall be decided by the competent authority afresh in accordance with law, without being influenced by the earlier rejection, and as expeditiously as possible. Rule is made absolute to the aforesaid extent.
Law Points
- Section 65 Bombay Land Revenue Code
- 1879
- NA Permission
- Revision Application
- Fresh Application
