( 1 ) THE petitioner herein challenges the order dated 20-1-1978 passed by the Secretary Revenue Department Government of Gujarat rejecting the revision application of the petitioner and confirming the order dated 21/05/1977 passed by the Collector Surendranagar whereby the sale in favour of the petitioner was set aside on the ground that the petitioner was not an agriculturist and the land in question being an agricultural land could not have been sold or transferred to him.

( 2 ) MR. D. D. Vyas the learned Counsel for the petitioner has urged that the land in question is situated in Wadhwan city and that the permission was granted to its original owner one Bhikha Ranmal on 7/12/1961 for non-agricultural use. A lay out plan was Sanctioned on 4/11/1966 Bhikha Ranmal sold the land in question to the present petitioner on 13/12/1956 The Collector Surendranagar issued a notice dated 30/10/1976 and called upon the present petitioner to show cause why the sale in his favour by the original owner Bhikhabhai Ranmal be not set aside under the provisions of law. After the hearing of the parties the Collector Surendra nagar passed the impugned order dated 21/05/1977 whereby