DESAI MOHANBHAI RATNABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri Dave, learned AGP waives service of notice of Rule on behalf of the respondent State. In the facts and circumstances of the case and with the consent of learned advocates for the respective parties, the matter is taken up for final hearing today.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction and order quashing and setting aside the communication of the State Government dated 23.6.2009 (Annexure O) and the consequential order passed by the Collector, Banaskantha dated 13.7.2009 (Annexure P) treating the land in question as new tenure restricted land.

(3.) The facts leading to the present Special Civil Application in nutshell are as under: