Abhilasha Kumari, J.

1. Rule. Ms. Amita Shah, learned Assistant Government Pleader waives service of notices of Rule for respondents Nos. 1 to 3. Mr. Devang J. Joshi, learned advocate waives service of notices of Rule for respondents Nos. 4 to 8. On the facts and in the circumstances of the case and with the consent of learned counsel for the respective parties, the petition is being heard and decided finally.

2. The challenge in this petition under Articles-226 and 227 of the Constitution of India is to the order dated 31.07.2015, passed by the first respondent-Secretary (Appeals), Revenue Department in Revision Application No. 121/2013, as well as to the order dated 28.10.2013, passed by the second respondent-Collector, District Anand, in RTS suo motu No. 247/2011, whereby revenue entry No. 2396 in respect of the registered Sale Deed executed by respondents Nos. 4 to 8 in favour of the petitioners has been cancelled on the ground that the petitioners do not hold the status of agriculturists.

3. Briefly stated, the relevant facts of the case are as follows :

3.1 Petitioner No. 2 is the father of petitioner No. 1. The deceased father of petitioner No. 2, namely, Shri Jayashankar Raghavji Bhatt, had acquired agricultural land bearing Block No. 130 in Village Vemali, Taluka and District Vadodara, by a Will dated 24.12.1984, executed by the owner of the land. Pursuant thereto, the said land was mutated in the name of the father of petitioner No. 2 vide revenue entry No. 792 dated 16.08.1988. This entry was certified on 22.11.1988.

3.2 Petitioner No. 2 had also acquired land bearing Revenue Survey Nos. 352 and 355 by way of a Will dated 14.02.1988 executed by the owners of the land. The said land was mutated in the name of petitioner No. 2 by revenue entry No. 868 dated 15.10.1990, which was certified on 22.12.1990. Probate was obtained for the Will from the competent Civil Court and this fact was recorded by revenue entry No. 915 dated 10.09.1991.

3.3 The father of petitioner No. 2 during his lifetime, as well as petitioner No. 2, purchased new tenure agricultural lands by obtaining prior permission from the Collector, as required under Section-43 of the Gujarat Tenancy and Agricultural Lands Act, 1948 (the Tenancy Act). Consequently, different Sale Deeds were executed in the year 1997 in respect of lands situate d in village Sayajipura. In respect of the said Sale Deeds, revenue entries Nos. 2241, 2242 and 2243 were mutated in the record on 18.10.1997.

3.4 The father of petitioner No. 2 passed away on 08.06.1998. Consequently, heirship entry No. 2405 dated 03.04.2000 was mutated in the revenue record, showing the names of the present petitioners and other family members.

3.5 It is the case of the petitioners that petitioner No. 2 became an agriculturist by way of a Will in the year 1988, and the status of agriculturist was further conferred on him by the entry of inheritance from hi s deceased father in the year 1998. The petitioners, therefore, have acquired the status of agriculturist s in the year 1988 and 1998.

3.6 Thus, being agriculturists and holders of different parcels of agricultural lands, the petitioners purchased the land in question, being land bearing Revenue Survey No. 58/1 and 59/1 from respondents Nos. 4 to 8 herein, by a registered Sale Deed dated 13.08.2008, after paying full consideration as agreed upon between the parties. In respect of the above-mentioned registered Sale Deed executed by respondents Nos. 4 to 8 in favour of the petitioners, revenue entry No. 2396 dated 08.07.2009 came to be mutated in the revenue record. The Mamlatdar certified this entry on 26.08.2009.

3.7 After four years from the execution of the registered Sale Deed and three years from the mutation and certification of the entry in respect of the said Sale Deed, the second respondent-Collector issued a Show Cause Notice dated 25.10.2012 to the petitioners, in exercise of suo motu powers, calling upon them to explain why revenue entry