R.P. Dholaria, J.

1. This appeal under Clause 15 of the Letters Patent is directed against the judgment dated 17.07.2013 passed by the learned Single Judge in Special Civil Application No. 10553 of 2012, whereby the learned Single Judge allowed the petition filed by the respondent Nos. 1 to 6 herein - original petitioners. The appellants herein are the original respondents and respondents herein are the original petitioners and therefore, for the sake of convenience, in the facts, both the parties shall be addressed as per their original status.

2. As short question of law is involved, with the consent of the learned advocates for both the parties, the present appeal is taken up for final hearing today.

3. The short facts of the case are as under:

"3.1. That land bearing revenue Survey No. 406, Block No. 371, admeasuring 10218 square metres included in Town Planning Scheme No. 14 (Pal), bearing Final Plot No. 114, admeasuring 7153 square metres of Village: Pal, Taluka: Surat City, District: Surat (hereinafter referred to as the subject land) was originally owned by Ambaram Bhavanbhai (hereinafter referred to as the original owner). In the revenue record, the said land was shown to be of new tenure, namely, the same was subject to the restrictions under section 43 of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the Tenancy Act). The original owner, therefore, made an application under section 70(o) of the Tenancy Act before the Mamlatdar & A.L.T (Tenancy), Choryasi, Surat which was registered as Tenancy Case No. 136 of 2002 contending that he was holding the subject land as a permanent tenant and, therefore, the provisions of section 43 of the Tenancy Act would not be applicable and that the land should be treated as an old tenure land. By an order dated 25.2.2003, the Mamlatdar & A.L.T rejected the said application. The original owner challenged the said order before the Deputy Collector, Choryasi Prant, Surat in Tenancy Appeal No. 36 of 2003. However, the appeal came to be dismissed on the ground that the same was not maintainable under section 74 of the Tenancy Act. The original owner, thereafter, presented a writ petition before this court being Special Civil Application No. 24219 of 2005, which came to be partly allowed by an order dated 21.02.2007, whereby the order passed by the Mamlatdar & ALT was set aside and the matter was remanded for deciding the same afresh, after giving an opportunity of hearing to all the affected parties in the light of the directions made and conclusions recorded in the judgment in Special Civil Application No. 9609 of 2006 and other allied matters decided on 17-18-23/1/2007.

3.2. Pursuant thereto, the Mamlatdar & A.L.T, by an order dated 20.02.2008, removed the restrictions of new tenure under section 43 of the Tenancy Act by observing that the said order shall be subject to the order passed in Special Civil Application No. 9609 of 2006 and the letters patent appeal preferred by the Government against the said order and an entry giving effect to the said order of the Mamlatdar & ALT came to be posted vide Mutation Entry No. 6481, Pursuant to the above order of the Mamlatdar & ALT removing the restrictions under section 43 of the Tenancy Act, the petitioners herein purchased the subject land under two different registered sale-deeds bearing No. 3373 and 3395, both dated 14.03.2008 and corresponding entry, being Mutation Entry No. 6520 came to be posted on 16.04.2008, whereby the names of the petitioners came to be entered in the revenue record. By a communication dated 05.05.2008, the petitioners requested the concerned authorities to certify the said mutation entries. Since the mutation entries were not being certified, the petitioners approached this court by way of a writ petition being Special Civil Application No. 7336 of 2008, seeking a direction to the concerned authority to certify both the above entries, viz., Mutation Entry No. 6481 dated 25.02