( 1 ) RULE. Mr. Kamal Trivedi, learned Additional Advocate General with Mr. A. D. Oza, learned Government Pleader appears for respondents No. 1 and 3 and the later waives service of rule on behalf of these respondents. Mr. H. S. Munshaw, learned advocate appears for respondent No. 3 and waives service of rule Mr. P. M. Thakkar with Mr. N. V. Asher appears for the respondent No. 4 and the later waives service of rule. With the consent of parties, this matter is finally heard.

( 2 ) THE petitioners have approached this Court by invoking jurisdiction of this Court under Article 226 of the Constitution of India for an appropriate writ for quashing and setting aside the order dated 9th January 2003 passed by the District Development Officer, Amreli [hereinafter referred to as the DDO]. The petitioners have also prayed for appropriate writ to direct the DDO to grant permission under section 110 (1) of the Gujarat Panchayat Act, 1993 [hereinafter referred to as the Act] for transfer of properties consisting of building situated on survey No. 707 of village Vadia for housing of the high school and for transfer of the property situated on survey No. 708 of village Vadia for housing of the library, Bal Kindergarden, play ground, children park, and permission is also prayed for establishing a charitable hospital on the land bearing survey No. 707 and 708 of village Vadia. The petitioners have also prayed for appropriate writ to direct the respondent authorities to permit the functioning of the M. D. Kahor Arts and Commerce College, Vadia in the high school building owned by Vadia Gram Panchayat, respondent No. 4 herein. The petitioners have further prayed for restraining the respondents from interfering with the functioning of the activities of the aforesaid college in the said premises of the high school building owned by Vadia Gram Panchayat.

( 3 ) SHORT facts appears to be, and for which there is no dispute, is that the land bearing survey No. 708 and the property situated on the land bearing survey No. 707 are owned by the respondent No. 4 Gram Panchayat. The case of the petitioners is that the elected body of the Gram Panchayat had passed the resolutions for allotment of properties in question including the land to the petitioner-Trusts on lease basis for a period of 99 years on a token rent of Re. 1/_ per year. The aforesaid decision came to be taken by the Gram Panchayat during different periods. However, since the land was to be given for a period of 99 years, a proposal came to be forwarded to the Collector for granting sanction. It further appears that before the sanction came to be granted by the Collector, the possession of the properties in question was already handed over to the petitioner-Trusts by the office bearers of the Gram Panchayat. It is the case of the petitioners that thereafter the petitioners, pursuant to the aforesaid decision of granting the property on lease basis by the Gram Panchayat and pursuant to the further action of handing over the possession by the office bears of the Gram Panchayat, obtained permission from the competent authority so far as shifting the management of the High School is concerned, and also for the purpose of running the college. It is also the case of the petitioners during the course of the arguments through Mr. Raval that they have spent about Rs. 25 lakhs for the purpose of developing the properties and for creating the facilities over the said properties. As such, as per the statement submitted by the petitioners at Annexure Z/42, the figure shown is of Rs. 20 lakhs. The case of the petitioners is that the petitioners No. 1 and 2 are Public Charitable Trusts and since the Gram Panchayat was not in a position to run the High School or College or to develop the garden etc. the petitioner-Trusts, with a view to provide facilities to the residents of the village, came forward and have invested huge amount which has resulted into creating better facilities to the resi