RASHMINKUMAR JAYANTILAL JOSHI AND OTHERS Vs. THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT (APPEAL) AND ANOTHER

JUDGEMENT

(1.) Rule. Mr.R.P. Solanki, Ld. Asst. Government Pleader, waives service.

(2.) The petitioners are the owners of different plots. One Muman Habibbhai-the original landowner and organiser of the Society of which the petitioners are the members, applied to the District Development Officer, Banaskantha, for N. A. permission with regard to the land bearing Survey Nos. 570/2, 570/3, 570/4, and 570/5, admeasuring 4663.73 sq.mtrs, situated in Palanpur. The plan for allotment of the plots was also approved. However, a showcause notice dated 29.8.1980 was served, whereby respondent No. 1 asked the petitioners as to why the N.A. permission should not be cancelled. Subsequently, the N. A. permission was cancelled. It appears that the N. A. permission was cancelled on the ground that the common plot is not in the centre of the plot, but is on one side.

(3.) It is contended by the learned Counsel for the petitioners that the authority has taken a hyper-technical view in the matter.