- (1.)Rule. Learned AGP waives service of notice of rule for the respondent-State.
(2.)By way of the present petition, the petitioners have invoked the extraordinary jurisdiction vested in this Court under Articles 226 and 227 of the Constitution of India and thereby seek to challenge the order dtd. 29/10/2021 passed by the Collector, Surat. By the impugned order, the Collector, Surat has passed a fresh order on 29/10/2021 and modified the condition No.14 and has imposed a fresh condition No.14 directing to maintain status quo qua the revenue record.
(3.)Learned advocate Mr.Nishit Gandhi appearing for the petitioners has submitted that the dispute pertains to land bearing old Revenue Survey No.490 paiki (New Survey No.299/3) of Final Town Planning Scheme No.6 (Vesu), having Final Plot No.40, situated at Village Vesu, Taluka Majura, District Surat. It is submitted that the condition no.14, which is incorporated by the Collector while granting NA permission vide order dtd. 3/2/2016 modified vide order dtd. 29/10/2021 since the Collector has no authority to incorporate such observations while granting NA permission exercising his powers under the Gujarat Land Revenue Code, 1879 (for short "the Code"). In support of his submissions, he has placed reliance on the judgment of this Court in the case of Tusharbhai Harjibhai Ghelani vs. State of Gujarat and Ors ., 2019 (4) GLR 2578.