( 1 ) RULE. Mr Desai, learned AGP, appears and waives service of notice of Rule for respondents nos. 1 to 3. As the matter was fixed for final disposal, it is finally heard today with the consent of learned advocates appearing for both the sides.

( 2 ) THE short facts of the case are that the petitioner is a cooperative society whose members belong to backward class. The petitioner-society is a farming cooperative society as its name itself suggests. The petitioner-society was allotted land for cultivation as per the order dated 21st May 1975 and 15th March, 1978. It appears that the Deputy Collector, Palanpur, respondent no. 3 herein, issued a show-cause notice dated 21st November, 2002 to the society calling upon it to show-cause as to why the grant of the land should not be cancelled for breach of the condition of allotment. The grounds mentioned in the show-cause notice was that the cultivation was made over the land admeasuring 15 acres only and the list of the members is not produced and that the the land is not used for the purpose for which it was granted for cultivation. The petitioner submitted the reply and thereafter the Deputy Collector passed the order on 24th March, 2003 whereby he has relied upon the report of the Mamlatdar and Talati cum Mantri and it has been found that there is cultivation on only 15 vighas through outside tribals and the other part of the land is allowed to be used for grazing of the cattle. It was also found by the Deputy Collector that the management of the Society is arbitrary and the purpose of the grant is not satisfied and therefore ultimately the breach of condition was found and the land is ordered to be resumed back by the State Government. It also appears that thereafter the petitioner carried the matter before the collector in Appeal and the said appeal is dismissed. The matter was also carried before the State Government in revision and the said revision is also dismissed. Under these circumstances, the petitioner has approached this Court by preferring this petition.

( 3 ) HEARD Mr Patel for the petitioner, Mr Desai learned AGP for the respondent-authority. Upon hearing the learned counsel for the parties it appears that the major ground on the basis of which the order for breach of condition has been passed is that the land is not fully utilised for the purpose of cultivation and there is cultivation over a part of the land. The another ground, which was considered by the authority is that in certain area the land is got cultivated through other tribals and the members themselves have not cultivated the same. So far as ground concerning the alleged mismanagement of the society under the Gujarat cooperative Societies Act is concerned, there was no material on record before the Collector that any competent authority under the Gujarat Cooperative societies Act has passed such an order supporting the said aspect that there is any mismanagement of the society. Therefore, in my view, aforesaid two grounds can be considered as the ground related to the exercise of the power by the revenue authority.

( 4 ) AS such, on both the grounds, the matter is covered by the decision of this Court in case of Mohammed iqbal Rahimbhai Mirza v/s State of Gujarat rendered in special Civil Application No. 5877 of 2004 on 26th november, 2004 and in case of Bharwad Vela Mepa v/s State of Gujarat (Special Civil Application No. 11107 of 2007 with Special Civil Application No. 13983 of 2004) dated 8th December, 2004. In the latter decision of this Court dated 8th December, 2004 in Special Civil Application no. 11107 of 2004, the earlier decision dated 26th november, 2004 rendered in Special Civil Application no. 5877 of 2004 was also referred to and relied upon. At paragraph no. 4 it has been observed as under:-" 4. Upon hearing the learned advocates parties, it appears that the questions which arise for consideration by this court in these petitions are as to what was the procedure require