Case Note & Summary
The petitioners, Ramsingbhai Prabhatbhai Parmar and others, filed a Special Civil Application under Article 226 of the Constitution of India before the Gujarat High Court challenging an order dated 13.01.2026 passed by the respondent authority. The impugned order rejected the petitioners' application for Non-Agriculture (NA) permission under Section 43 of the Gujarat Tenancy and Agricultural Lands Act, 1948, in respect of land situated at Survey No.180, T.P. Scheme No.1, Final Plot No.70, Village Bhayli, Taluka Vadodara City (West), District Vadodara. The sole ground for rejection was that some proceedings were shown pending on the online portal/IRCMS. The petitioners sought a writ of certiorari to quash the impugned order and a writ of mandamus directing the Collector to grant NA permission. The learned advocate for the petitioners, Mr. Prateek S. Bhatia, submitted that the rejection was arbitrary and without application of mind, as the pendency of proceedings on the portal was not a valid reason to deny permission. The learned AGP, Mr. Jayneel Parikh, appeared for the respondents. The Court, after hearing both sides, observed that the impugned order did not reflect any application of mind by the authority to the merits of the application. The Court held that the rejection solely on the ground of pending proceedings on the online portal was not sustainable. Consequently, the Court quashed the impugned order and directed the Collector to decide the petitioners' application afresh on its own merits, without being influenced by the pendency of any proceedings on the portal. The Court also directed that the decision be taken within a period of eight weeks from the date of receipt of the order. The petition was allowed accordingly.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Quashing of Administrative Order - The petitioners challenged the order dated 13.01.2026 rejecting their NA permission application on the ground of pending proceedings on the online portal/IRCMS. The High Court held that the rejection was not sustainable as the authority did not apply its mind to the merits of the application. The impugned order was quashed and the matter was remitted back to the Collector for fresh consideration. (Paras 1-5) B) Tenancy Law - Non-Agriculture Permission - Section 43 of the Gujarat Tenancy and Agricultural Lands Act, 1948 - Rejection on Ground of Pending Proceedings - The petitioners' application for NA permission was rejected solely because some proceedings were shown pending on the online portal/IRCMS. The Court held that such a reason is not a valid ground for rejection and directed the Collector to decide the application afresh on its own merits, without being influenced by the pendency of any proceedings on the portal. (Paras 3-5)
Issue of Consideration
Whether the rejection of an application for Non-Agriculture (NA) permission under Section 43 of the Gujarat Tenancy and Agricultural Lands Act, 1948, solely on the ground that some proceedings are shown pending on the online portal/IRCMS, is sustainable in law.
Final Decision
The petition is allowed. The impugned order dated 13.01.2026 passed in NA Application No.61918202508955 is quashed and set aside. The matter is remitted back to the Collector, Vadodara, to decide the petitioners' application afresh on its own merits, without being influenced by the pendency of any proceedings on the online portal/IRCMS. The Collector shall pass a reasoned order within a period of eight weeks from the date of receipt of the order. Rule is made absolute to the aforesaid extent.
Law Points
- Article 226 of the Constitution of India
- Section 43 of the Gujarat Tenancy and Agricultural Lands Act
- 1948
- Non-Agriculture permission
- pending proceedings on online portal
- IRCMS
- rejection without application of mind
- writ of certiorari
- writ of mandamus
