Case Note & Summary
The petitioner, Hothaji Khodaji Thakor, filed a Special Civil Application before the Gujarat High Court challenging an order dated 04.10.2025 passed by the Collector (respondent no.2) in Application No.60603202505013, whereby his application for grant of Non-Agricultural (NA) use permission under Section 43 of the Bombay Tenancy and Agricultural Land Act, 1948, was rejected. The petitioner sought a writ of mandamus quashing the impugned order and directing the Collector to grant NA permission for his land bearing New Block No.249 (Old Block No.495 [Survey No.567/2]) admeasuring 8580 Sq.Mtrs. in Village Sonarda, Taluka and District Gandhinagar. The petitioner was represented by Mr. Apurva R. Kapadia, while the State authorities were represented by Mr. Jayneel Parikh, AGP. The court heard both sides and examined the impugned order. The court found that the Collector's order did not reflect any application of mind to the petitioner's application and was passed without assigning any reasons. The court held that such an order is unsustainable in law. Consequently, the court allowed the petition, quashed the impugned order, and directed the Collector to reconsider the petitioner's application afresh, after affording an opportunity of hearing to the petitioner and passing a reasoned order in accordance with law. The court also directed that the reconsideration be completed within a period of eight weeks from the date of receipt of the order.
Headnote
A) Administrative Law - Non-Application of Mind - Quasi-Judicial Orders - The Collector's order rejecting NA permission under Section 43 of the Bombay Tenancy and Agricultural Land Act, 1948, was set aside as it failed to consider the petitioner's application on merits and did not assign reasons for rejection, amounting to non-application of mind. (Paras 1-8) B) Tenancy Law - NA Permission - Section 43 Bombay Tenancy and Agricultural Land Act, 1948 - The High Court directed the Collector to reconsider the petitioner's application for NA permission afresh, after hearing the petitioner and passing a reasoned order, as the impugned order was unsustainable. (Paras 3-8)
Issue of Consideration
Whether the Collector's order rejecting the petitioner's application for Non-Agricultural (NA) permission under Section 43 of the Bombay Tenancy and Agricultural Land Act, 1948, was legally sustainable and passed after due application of mind.
Final Decision
The petition is allowed. The impugned order dated 04.10.2025 passed by the Collector in Application No.60603202505013 is quashed and set aside. The Collector is directed to reconsider the petitioner's application for NA permission afresh, after hearing the petitioner and passing a reasoned order, within eight weeks from the date of receipt of the order.
Law Points
- Non-application of mind by quasi-judicial authority
- Mandamus for reconsideration
- Section 43 Bombay Tenancy and Agricultural Land Act
- 1948
- NA permission for agricultural land
