High Court finds Collector's action "audacious", asks Revenue Department to review NA processing
The Gujarat High Court has sharply criticized the Collector of Jamnagar for declining non‑agricultural (NA) permissions on the sole ground of pending civil suits and lis pendens entries, calling the conduct “audacious” and prima facie contemptuous. The direction, recorded on Thursday, requires senior officials in the Revenue Department to reassess how NA applications are handled across the state.
The matter arose from a petition filed by Satwara Parsotam Madhavji and others, which challenged the Collector’s rejection of NA permission applications. According to the court record, the Collector sought to justify the refusals through an affidavit that relied exclusively on a Government Resolution dated 10 March 2022.
Justice Niral Mehta observed that the affidavit failed to engage with binding judicial precedents and statutory law, signalling a tendency among some revenue authorities to prioritise executive instructions over legal principles. The bench said the approach adopted by the Collector was at odds with established legal norms governing NA permissions.
“Audacious” and prima facie contemptuous, the court said in its order, as reported by Ahmedabad Mirror.
In response to the petition, the court directed the additional chief secretary of the Revenue Department to personally review the matter. The order requires the additional chief secretary to assess the prevailing practice in processing NA applications, and to formulate concrete measures to sensitize and instruct revenue officials to adhere strictly to judicial rulings and statutory mandates.
- The order has been forwarded to the additional chief secretary and the assistant government pleader for compliance.
- The case is listed for further hearing on 24 September.
- Petitioners include Satwara Parsotam Madhavji and others challenging the Collector’s reliance on a single government resolution.
Local implications are significant because NA permissions affect land use, construction and commercial activity in Jamnagar. Revenue officials’ approach to lis pendens and pending civil suits can directly influence the pace of development and investment decisions by property owners and businesses.
By asking the additional chief secretary to take personal charge of the review, the court has elevated the matter from a district‑level administrative decision to a state‑level compliance task. The instruction to prepare concrete sensitisation measures signals the court’s concern that the problem may not be confined to a single office or case.
| Item | Detail |
|---|---|
| Government Resolution cited | 10 March 2022 |
| Petitioners | Satwara Parsotam Madhavji and others |
| Next hearing | 24 September |
For Jamnagar stakeholders — including landowners, developers and industrial users — the court’s order could prompt a review of pending and future NA applications. If the Revenue Department implements measures to align district practice with legal precedents, approvals that were previously withheld solely because of lis pendens entries may be reconsidered on a case‑by‑case basis against statutory criteria and judicial rulings.
The case casts a spotlight on the interface between executive instructions and judicially developed law in revenue administration. The court’s insistence on senior review and training underscores the judiciary’s expectation that administrative action must be grounded in statutory law and relevant precedents, not only in executive circulars.
The matter will be taken up again on 24 September, when the court will examine the steps taken by the additional chief secretary and the assistant government pleader in compliance with its directions.
