The petitioner company in the present petition, has prayed to set aside the aforesaid order dated 30.10.2013 passed by respondent No.2. It is further prayed to declare that the order of canceling the agreement and taking away the possession of the land is illegal and in violation of principles of natural justice. It is also prayed to command the respondent-authorities not to take away possession of the land in question and to permit the petitioner to further conceptualise and operate the Adventure Sports Park.

2. An agreement dated 18th September, 2012 was executed between the petitioner herein and respondent No.2-Collector, whereunder the petitioner-company was granted as licensee, the rights in respect of 20 Acres of land at Governor’s Hill, Saputara. Under the said license agreement, the petitioner was to conceptualise, establish, operate and maintain Adventure Sports Park. It was pursuant to Resolution dated 09th August, 2013 passed by Department of Industries and Mines, State Government, which approved granting rights of user over the said land to the petitioner. The Chief Officer, Notified Area, Saputara was authorised to enter into the transactions with the company in this regard.

3. The Collector, Dang, Ahwa-respondent No.2 by his order dated 30th October, 2013 terminated the aforesaid agreement and directed for resuming back the possession of the land. The said order produced at Annexure-A inter alia recorded that in a meeting of Saputara Development Committee held on 25th October, 2013, the activities of the petitioner agency in respect of the Adventure Park was deliberated, and it was found that the petitioner company was not observing the standards of safety, cleanliness and sanitation, and had not complied with the conditions. Notices were given by the Chief Officer, Saputara Notified Area, to the company.

3.1. By filing affidavit-in-reply dated 19th November, 2013 and 26th November, 2013 affirmed by the Chief Officer and Deputy Collector, Notified Area, Saputara on behalf of respondent No.2 contended that case was in the realm of private law. It was contended that alternative efficacious remedy by way of arbitration was available. Highlighting the breach of conditions of the agreement, respondent No.2 stated that on 09th November, 2013 during Diwali vacation, a child aged 12 years met with an accident resulting in serious injury and fracture on both his legs. It was contended that accident was occurred due to negligent attitude on part of the petitioner company by not providing the required safety measures for the activity of zip line.

3.2. It was contended that pursuant to a bidding process undertaken by Gujarat Tourism Opportunity Limited, which acted on behalf of Tourism Corporation of Gujarat, the petitioner company was selected. Thereupon the Government of Gujarat issued aforesaid Resolution dated 09th August, 2012 and the agreement was entered into with the petitioner. It is stated in the affidavit that as per the agreement, the petitioner company was initially obliged to start six mandatory activities, that is, (i) paragliding, (ii) zip line; (iii) climbing wall; (iv) obstacles; (v) old terrain vehicle; (vi) tracking and hiking. The petitioner however started only one activity, namely the zip line. Thereafter it started other optional activities, but within a short span of time, it discontinued activities like bouldering and zorbing. It was further stated that mandatory activity of paragliding was continued for few days only in the month of December and January and thereafter the same was discontinued. In other words, it was the say of the respondents that the petitioner company failed to start and run the activities at the Adventure Park which was mandatorily required to be commenced.

3.3. It appears that communications between the petitioner company and the competent authority were exchanged. By letter dated 26th January, 2013 the company was warned that the activities commenced were sluggish. It