K.M. Thaker, J.

1. Heard Mr. K.D. Shah, learned advocate for the petitioner, Mr. Jinesh Kapadia, learned advocate for Mr. Shah, learned advocate for respondent No. 5 and Mr. Mehta, learned AGP for respondents No. 1 to 4.

2. In present petition, the petitioner has placed under challenge order dated 27/29.9.2004 passed by respondent No. 1 in Revision Application No. 68 of 2003 as well as order dated 30.7.2004 passed by respondent No. 2.

3. So far as the factual background is concerned, it has emerged from the record that the petitioner, after serving Indian Army from 1986 of 2001, sought retirement. Thereafter in light of the policy decision of the State Government (vide circular dated 15.2.1989) he submitted an application to the competent authority for allotment of land. The said circular dated 15.2.1989 declares the government policy to allot land to ex-army man for purpose of agriculture. The policy, vide clause No. 2(18), also provides for priority in matter of allotment of land to ex-army man.

3.1 After receiving the application from present petitioner, the competent authority called for report from Mamlatdar.

3.2 The Mamlatdar visited the place and collected relevant details related to the land in respect of which the application was made.

3.3 The Mamlatdar submitted report that the parcel of land is government waste land and any demand from the panchayat in respect of the said land for any purpose is not received and sufficient land is available for expansion of 'gamtal' and that, therefore, there is nothing objectionable in allotment of identified the land to the petitioner.

3.4 The competent authority considered the said report by the Mamlatdar and after taking into account the relevant facts and circumstances as well as the Mamlatdar's report and the application by present petitioner and the policy declared vide circular dated 15.2.1989, passed order dated 26.2.2002 and allotted the land admeasuring 7 acres at Mouje: Vaghrol, Taluka: Dantiwada, out of Survey No. 100/4 and 1 acre, out of Survey No. 100/3, i.e. 8 acres of land at Mouje: Vaghrol.

3.5 By virtue of the said order dated 26.2.2002, the petitioner was obliged to pay price fixed by the Government. It is not in dispute that the petitioner paid the price.

3.6 According to the petitioner, after taking possession of the land in question, he incurred expenditure for development of the land in question to make it cultivable and then he started usage of the land for the agriculture purpose. In this context, the petitioner has averred and stated that:

"3.1 The petitioner states and submits that the petitioner has served in Indian Army from 29.1.1986 to 31.10.2001 the petitioner has also taken keen part in Kargil Battle also.

3.2 The petitioner states and submits that as per the Circular dated 15.2.1989 issued by the State of Gujarat, the petitioner being an Ex-army Man is entitled to get the land for the purpose of agriculture. Perusing the said circular, it is mentioned in clause 2(18) that the priority should be given in allotting the lands to the Ex-army Man, even if a land is Padtar land or Gauchar land in Kutch and Banaskantha Districts. The petitioner belongs to Banaskantha District and therefore, he is entitled to get land in the said District on priority basis.

3.3 The petitioner states and submits that the petitioner retired from service on 31.10.2001. Thereafter, the petitioner had applied for allotment of agricultural land being land bearing part of survey No. 100 at Vaghrol village.

3.4 The petitioner states and submits that after the application of the petitioner, the respondent No. 4 Mamlatdar, Dantiwada has conducted necessary inquiry and submitted his report to the Deputy Collector, Palanpur. After the said report, the Deputy Collector, Palanpur has passed an order dated 26.2.2002, whereby, the petitioner is granted a land admeasuring 7 Acres in survey No. 100/4 and 1 acre in Survey No. 100/3 of Vaghrol village. The petitioner states and submits that peru