Heard Mr.S.P.Majmudar, learned advocate for the petitioner. It is submitted by him that the petitioner made an application dated 22.03.2010, for grant of Non Agricultural use permission for residential purposes in respect of land purchased by him vide registered Sale Deed dated 07.08.2009. That, as per the provisions of Section 65 of the Bombay Land Revenue Code, 1879, ("the Code" for short) the decision upon the application is to be taken within a period of three months, failing which it shall be deemed that the application has been granted. That, as no decision was taken upon the application made by the petitioner, a legal notice was issued to the District Panchayat, stating that under Section 65 of the code, the permission for Non Agricultural use is deemed to have been granted as no intimation is received within three months from the date of application. The petitioner made an application to the District Collector stating that he is an agriculturist and the title of the land is clear, therefore, appropriate action may be taken with respect to the title clearance of the land. Vide impugned order dated 13.05.2011, the said application has been rejected by the District Collector on the ground that the title of the land is not clear.
It is contended by the learned advocate for the petitioner that there is no material on record to indicate that the title of the land is not clear or that the predecessor-in-title of the petitioner was not an agriculturist. On the contrary, order dated 18.01.1996, passed by the Special Mamlatdar, Bhuj, states that the predecessor-in-title of the petitioner was cultivating the land and is an agriculturist.
It is further contended that even otherwise, the deeming provision under Section 65 of the Code has come into operation and Non Agricultural use permission is deemed to have been granted in favour of the petitioner.
Issue Notice for final disposal returnable on 27.03.2012.
(Smt.
Abhilasha Kumari, J.) (sunil) Top