Parmar Sureshbhai Maganji vs State Of Gujarat

1 It is the case of the petitioner that by the impugned order dated 20.12.2019, N.A permission has been rejected. For a different parcel of land on the question of N.A permission involving the same subject matter and the issue, this Court by an order dated 06.12.2019, extensively considered the issue and held that the Collector while rejecting the N.A permission had taken into consideration factors which were not relevant, and therefore, the proceedings were remitted to the Collector. 2 Mr.Gandhi, learned counsel for the petitioners, would want this Court to pass an order on the same lines as the one Page 1 of 2 Downloaded on : Sat Jan 11 02:02:07 IST 2020 C/SCA/589/2020 ORDER passed in Special Civil Application No. 16343 of 2019. 3 Mr.Utkarsh Sharma, learned Assistant Government Pleader, would contend that rather than approaching this Court directly by way of this petition, the judgment of this Court in the aforesaid Special Civil Application No. 16343 of 2019 can be considered by the SSRD.

4 If the facts and the questions involved in this petition are akin to the one decided by this Court for consideration whether the petitioner can be given such a benefit without exhausting the remedy, issue Notice to the respondents, returnable on 13.02.2020. It is one of the contention of Mr.Gandhi, learned counsel for the petitioners, that though the orders has been passed in violation of principles of natural justice, therefore, the petition is filed directly before this Court rather than approaching the Special Secretary. Direct service is permitted.

(BIREN VAISHNAV, J) Bimal Page 2 of 2 Downloaded on : Sat Jan 11 02:02:07 IST 2020