JUDGMENT :

J.B. PARDIWALA, J.

1. This appeal under Clause-15 of the Letters Patent is at the instance of the State of Gujarat [original respondent] and is directed against the judgment and order passed by a learned Single Judge of this Court dated 16/08/2013 in the Special Civil Application No.891 of 2006 preferred by the respondent herein [original petitioner], whereby, the learned Single Judge allowed the petition preferred by the respondent herein.

2. The facts giving rise to this appeal may be summarized as under:-

2.1 The respondent herein is a company registered under the Companies Act, 1956. As a part of its activities, it has undertaken a project of constructing a star categorised hotel near the Apollo Hospital at Village Bhat, Taluka and District Gandhinagar.

2.2 The land bearing Revenue Survey No.76/2 admeasuring Acres 3-27 Gunthas of mauje Bhat, Taluka Gandhinagar (hereinafter referred to as the subject land) was originally owned, possessed and cultivated by one Chhaganlal Chhotalal Shah. By a registered sale deed dated 22nd September, 1947, the said land came to be sold to one Chamar Narsi Amtha and others and a corresponding entry being the Mutation Entry No.480 came to be posted on 8th January, 1948, which was certified on 15th April, 1948. One Bhoja Khoda was cultivating the subject land as an ordinary tenant since 1950-51, and therefore, his name came to be shown in the Village Form No.6 by Mutation Entry No.613 effected on 17th November, 1953 and came to be duly certified. It appears that in the year 1964, proceedings under section 32P of the Tenancy Act came to be initiated. In those proceedings, the tenant declared that he was not inclined to cultivate the land and that he had nothing to do with the subject land. After holding a full-fledged inquiry, an order dated 14th March, 1964 came to be passed by the Mamlatdar and Agricultural Lands Tribunal (hereinafter referred to as 'the Mamlatdar & ALT') directing the tenant to be summarily evicted from the subject land and that the land be restored to the landlord for personal cultivation. Mutation Entry No.829 came to be posted on 14th September, 1964 recording the aforesaid order and the same came to be certified on 28th September, 1964. It appears that thereafter, the Mamlatdar & ALT initiated proceedings under section 32(O) of the Tenancy Act in respect of the subject land which came to be numbered as the Tenancy Case No.32-0/Bhat 5 of 1967 which culminated into an order dated 16th January, 1968 whereby it was held that the sale was ineffective under section 32G(3) of the Tenancy Act as the tenant was not willing to purchase the subject land. It was also directed that proceedings under section 32P of the Tenancy Act be initiated in respect of the subject land. Mutation Entry No.996 came to be made on 13th February, 1968 and was certified on 25th March, 1968. According to the respondent, the order dated 16th January, 1968 was passed by ignoring the earlier order dated 14th March, 1964 passed in the proceedings under section 32P of the Tenancy Act in relation to the subject land. Pursuant to the aforesaid order dated 16th January, 1968, the Mamlatdar and ALT, Gandhinagar initiated proceedings under section 32P of the Tenancy Act which culminated into an order dated 26th February, 1969 whereby the tenancy came to be terminated and it was directed that the land shall continue in the personal cultivation of the landlord subject to the conditions of section 32P(7) and (8) respectively of the Tenancy Act. According to the respondent, such order was passed by the Mamlatdar & ALT notwithstanding the fact that in the earlier proceedings initiated under section 32P of the Tenancy Act as it stood before its amendment and by the order dated 17th April, 1964 passed by the competent authority, the land was ordered to be surrendered to the landlord and no condition whatsoever was imposed in the said order, because at that time, sub-sections (7) and (8) of section 32P were not on t