( 1 ) MR. D. V. PARIKH, learned advocate appearing on behalf of the petitioner and Mr. I. M. Pandya, learned AGP on behalf for the respondent authorities.

( 2 ) IN the present petition, RULE has been issued by this Court and ad interim relief in terms of para-13 (B) has been granted by this Court on 10th July,. and thereafter, affidavit in reply has been filed by the Resident Deputy Collector on 1st September,. . With the consent of both the learned advocates for the parties, the matter is taken up for final hearing.

( 3 ) THE brief facts of the present petition are as under :- the land admeasuring 1070 sq. yds. of Rajkot City Survey No. 2035 plot No. 15 was granted to one Jayantilal Laljibhai Jobanputra vide Lekh No. 10 dated 29th November, 1925 by the erstwhile State of Rajkot. The said land was purchased by Jamnadas Sundarji Chandarana from Jayantilal Laljibhai Jobanputra vide sale deed dated 6-1-1939. On that very day, Jamnadas Sunderji Chandarana gifted the said land to his wife Smt. Parvatiben vide gift deed of the same day. Out of this land, land admeasuring 400 sq. ft was admittedly sold off to another person and on the said land, there exists, even as on date, a residential complex where persons are staying since number of years. Despite the fact that the land was granted to Jayantilal Laljibhai Jobanputra in 1925 and was purchased by Jamnadas Sunderji Chandaran in 1939 as stated, notice was sought to be issued under the provision of the Bombay Land Revenue Code, 1879 by the Revenue Collector, Rajkot on 18th December, 1993 alleging that 670 sq. mtrs of the land in question has not been constructed upon nor any wall built surrounding the same. It was alleged that the original grant was subject to the condition that the land in question would be build upon or compound wall duly constructed within six months. This having not been cone, there was breach of condition of grant rendering the land revertible to the Government. In response to the notice, detailed submissions were made by the petitioner before the Revenue Collector and mainly on the ground that such proceedings initiated after so many years which is not permissible under the law and even on merits it was pointed out to the authority that the land under grant was 1070 sq. yds out of which a building was constructed of 400 sq. mtrs where people are residing since number of years. Apart from this fact, it was submitted that even with regard to the remaining portion of land, there is construction of plinth and this compound wall is constructed in support of the above and to justify the submission, some photographs have been produced by the petitioner in the petition at Annexure-B. The petitioner also pointed out that dispute pertaining to a period of almost 60 years and the noticee was residing in England since number of years and the noticee was able to trace out and to produce before the revenue Collector, the permission obtained from the erstwhile State of Rajkot dated 10th February, 1939 for the purpose of carrying out construction activities and the petitioner has also produced counterfoil of cheques of dated 1st March, 1939 with regard to purchase of stone, lime [chuna patti] etc. in order to demonstrate that even at the time of construction was carried out but inspite of these documentary evidence and submission, the Collector passed his order dated 6th July, 1994 holding that there was breach of conditions and that the land would hence vest in Government. Thereafter, the petitioner has approached the Special Secretary, Revenue Department and filed appeal against the said order and stay was also granted in this regard. The said RTS appeal No. 52 / 94 came up for hearing in due course. In the said proceedings of appeal, written submissions were also made by the petitioner. During the pendency of the proceedings, Smt. Parvatiben Chandaran had expired on 17th August, 1994. In light of this fact, necessary application was filed for substitution o