1. The captioned appeal under Clause 15 of the Letters Patent is directed against the order dated 27.4.2009 whereby the learned Single Judge has rejected the petition which was filed by the appellant-petitioner against the orders dated 29.11.2003, 9.1.2006 and 21.8.2008 passed by the Mamlatdar & Agriculture Land Tribunal (“Mamlatdar & ALT” for short), the Deputy Collector (Land Reforms), Mehsana and the Revenue Tribunal, respectively.

2. Mr. A.J. Patel learned advocate with Mr. Sheetal Patel learned advocate has appeared for the appellants and Mr. J.K. Shah, learned Asst. Government Pleader has appeared for the respondent-authorities. We have heard the learned Counsel and perused the record of the petition and present appeal.

3. The relevant facts can be summarized thus:-

3.1. One Mr. Rupaji N. Thakore, the original owner of the parcel of land bearing Survey No. 99/1 admeasuring 0 Hector, 60 Are and 70 Sq. Mtrs. situate in mouje Nagalpur, Mehsana had submitted an application on or around 26.3.1990 to the Collector requesting for permission to convert the aforesaid land from “new tenure land” to “old tenure land” for non-agricultural purpose. The permission for conversion was sought - for with a view to constructing residential houses.

3.2. By his order dated 22.8.1990 the Collector granted the permission as contemplated under Section 43 of the Bombay Tenancy and Agricultural Land Act 1998 (hereinafter referred to as the “Tenancy Act”) and permitted the conversion of the land into old tenure, subject to diverse conditions prescribed in the order including the condition that a sum of Rs. 2,42,340/- shall have to be paid towards premium.

It is the case of the appellant-petitioner that the prescribed amount was paid and the land in question was converted into ‘old tenure land”. Consequently, the land in question became freehold land which could be sold, in accordance with law, in the market.

3.3. It is pertinent that over and above the condition for payment of the premium, the aforesaid order dated 22.8.1990 prescribed various other conditions viz. to obtain permission under Land Revenue Code and to apply within six months for permission for N.A. use and to put the land in question to nonagricultural use (“N.A. use” for short) within 3 years. The order also expressly stipulated and clarified that if the conditions were not complied with the permission shall be deemed to have been cancelled.

3.4. It emerges from the record that despite the time limit (6 months) specified in the order the application seeking N.A. permission (as prescribed by the aforesaid order) was not made for long time. Instead, the land in question was sold - off on 31.12.1999 (prior to which an agreement to sale appears to have been entered into in 1991 between the original landholder and the petitioners) by the landholder to the petitioners.

3.5. A notice under Section 84(c) of the Tenancy Act was issued by the Mamlatdar and ALT asking the applicant-landholder to show cause as to why the said conveyance should not be declared as in breach of the provisions of Tenancy Act and in breach of the conditions mentioned in the order dated 22.8.1990 and that why the land in question should not be mutated in favour of the State Government.

3.6. In pursuance of the said notice, the Mamlatdar & ALT passed the order dated 29.11.2003. The operative part of said order dated 29.11.2003 reads thus:-

“Vide order dated 22.8.1990 of the Collector, Mehsana, with regard to land bearing Survey No. 99/1 of Mouje Nagalpur, admeasuring 0-60-70 Hectare-Are-Sq. Mtr. having revenue of Rs. 3.12, permission for old tenure was granted for non-agricultural use. As per conditions No. 2, and 3 of the said order, application has not been made for non-agricultural use within specified time. Further, non-agricultural usage has not been made within three years from the date of order and land has been sold to other persons. Therefore, for breach of conditions No. 2 and 3 of the order, this land i