IRFAN YAKUB BHOLAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present petition, the petitioners have, inter alia, prayed for the following prayers:

(2.) Thus, the petitioners are seeking a declaration of accepting their conversion charges for non-agriculture permission relating to the residential purpose under Section 65 of the Gujarat Land Revenue Code, 1879 (the Code) in respect of land bearing Survey / Block Nos.377 and 378 of Village Kosamba, Taluka Mangrol, District Surat. It is further prayed that the respondents may be directed to decide the application of the petitioners for non-agriculture permission by ignoring the opinion dated 21.08.2018 given by the District Collector, Surat, without insisting any amount of premium as envisaged under section 43 of the Gujarat Tenancy and Agricultural Lands Act, 1948 ("the Tenancy Act").

(3.) It is the case of the petitioners that land bearing Block Nos.377 and 378 situated at Village Kosamba, Taluka Mangrol, District Surat, originally belonged to one Musa Ismail Koliya, who was an agricultural tenant. The name of Musa Ismail Koliya was mutated in the revenue record vide Entry No.2520 dated 18.11.1973. It appears that Musa Ismail Koliya applied to convert the land from new tenure to old tenure for agricultural purpose, as provided under Section 43 of the Tenancy Act, however, the Deputy Collector, Olpad Prant, Surat, vide order dated 28.05.1998 rejected the said application.