Gujarat High Court Stays Single Judge Order Directing Collectors To Decide Pending Applications For Land Conversion Before April 13

The Gujarat High Court on Wednesday stayed an order passed by the single bench directing all the district collectors in Gujarat to process Non-Agricultural (NA) Permission applications filed under Section 65 of Bombay Land Revenue Code by April 13.

The petitioner before the single judge bench, had earlier filed an application before District Collector, Kheda under Section 65 of Bombay Land Revenue Code seeking non-agricultural use permission in respect of agricultural land. The application was rejected by the District Collector, Kheda vide order dated March 23. He then approached the High Court challenging the order of the Collector which was admitted before the single judge bench on March 29. On April 6, the original petitioner filed another application under Section 65 of the Code for conversion from agricultural land to non agricultural land.

The single judge bench of the High Court on April 10 directed all the Collectors of Gujarat to process all the NA applications pending on or before April 13. The court also directed the authority to take decision on the petitioner's April 06 application

The State of Gujarat challenged the impugned order of the single judge bench.

The division bench of The Acting Chief Justice A. J. Desai and Justice Biren Vaishnav said:

“We are of the considered opinion that by observing in paragraph no. 3 of the aforesaid order, the learned Single Judge has directed to decide an application which was filed by the original petitioner during the pendency of the petition which prima facie seems to be that the order which is impugned in the original petition is ignored and of which validity is yet to be decided including the contention of the state authorities about availing alternate remedy by filing appeal before appropriate forum challenging the said decision dated 29.03.2023.”

On Single Bench's general direction to all collectors in state, the court note took note of a submission of the counsel appearing for the respondent-original petitioner, who said that the applications under Section 65 of the Code pending before the various Collectors, if not decided on or before April 15, they may have to pay premium at the new rate since the new jantri rates are going to be implemented from April 15. 

The Court said,

"When there are no orders passed below applications filed in different districts and pending before the Collectors and no decision has been rendered, the same cannot be taken into consideration at this stage and if any order is passed, remedy would be available to those persons who are dissatisfied with the orders passed below applications under Section 65 of the Code."

It added that if any order is passed, remedy would be available to those persons who are dissatisfied with the orders passed in below applications under Section 65 of the Code.

"Hence, the implementation and execution of the impugned order is required to be stayed. Accordingly, interim relief in terms of para 4 (b) of the application is granted. Direct service is permitted today," said the court.

Case Title: State of Gujarat v. Vijaybhai Ambalal Patel

Click Here to Read/Download Order