JUDGMENT :

J.B.PARDIWALA, J.

1. This appeal under Clause 15 of the Letters Patent is at the instance of the original writ applicant of a writ application and is directed against the judgment and order passed by a learned Single Judge of this Court in the Special Civil Application No.9894 of 2016, whereby the learned Single Judge thought fit to reject the writ application.

2. The facts, giving rise to this appeal, may be summarized as under;

2.1 The appellant herein filed the Special Civil Application No.9894 of 2016 with the following prayers;

“(A) YOUR LORDSHIP may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction quashing and setting aside the order dated 23.2.2016 passed by Secretary, Revenue Department (Appeals), Ahmedabad in Revision Application No.6 of 2010 in the interest of justice.

(B) During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to stay the operation, implementation and execution of the order dated 23.2.2016 passed by Secretary, Revenue Department (Appeals), Ahmedabad in Revision Application No.6 of 2010 in the interest of justice.

(C) Pass any such other and/or further orders that may be thought just and proper in the facts and circumstances of the present case.”

2.2. One Dhirajlal Maganlal Mali and others were the original owners of a parcel of land bearing Block No.40/1 admeasuring 29441 square meters, situated at the Village: Asnabad, Ta: Olpad, District: Surat. The original owners applied for the non-agricultural use permission (NA) with respect to the subject land, referred to above, to the extent of 5278.61 square meters for the purpose of CNG Filling Station. The application, seeking NA Permission, was addressed to the Taluka Panchayat/TDO under the provisions of Section 65 of the Bombay Land Revenue Code. The application was filed on 3rd November, 2008. The application preferred by the original owners, seeking N.A. Permission, came to be allowed by the TDO, Olpad vide order dated 24th February, 2009. Thus, the N.A. Permission came to be granted in favour of the original owners subject to the conditions as imposed in the N.A. order, Annexure-B to the petition. The order, granting N.A Permission, reads thus;

“No.T.P./Revenue/N.A./Rg.No.5/V/09

Taluka Panchayat Office (Revenue Br.)

Olpad. Date : 24-25/02/2009

Read :-

1. Application dated 3.11.2008 for obtaining N.A. Permission of agricultural land bearing survey No.40/1, Block No.40 of village Asnabad, Taluka : Olpad, District : Surat for commercial purpose (GNG Filling Station) tendered by Shri Dhirajlal Maganlal Mali & others, residents of Olpad, District : Surat, and letter dated 29.01.2009.

(2) Letters of this Office bearing No. T.P./Revenue/ N.A/ 10617-30/V/08, dated 11.11.2008 and same number letters dated 10.11.08, 7.11.08, 16.12.08, 3.1.09, 12.1.09, 19.1.09 and 21.1.2009.

(3) Letter of Circle Inspector, Olpad Prant, Olpad Taluka Panchayat bearing No. T.P./Revenue/N.A/ 329/ V/08, dated 12.12.2008 and other letters of same number

(4) Letter of Collector, Surat bearing No. A/GMP/Rg No.560/Vashi-3010/08, Surat, dated 19.11.2008

(5) Letter of Collector, Surat bearing No LAQ/Vashi-2437/08 SR 614/08, dated 2.12.2008

(6) Letter of Deputy Collector, Olpad prant, Surat bearing No. GNT/Rg. No.43/Vashi-7701/08, dated 2.12.2008.

(7) Letter of Competent Officer and Additional Collector, ULC, Surat, bearing No.ULC/N.A./Asnabad/Vashi-1199/ 08 dated 24.12.08

(8) Letter of Additional Chitnish to Collector (Magi), Surat No. MG/Petrol Pump/N.A./Vashi/49/08, District Magistrate, Surat Office, Surat, dated 7.1.09.

(9) Letter of Municipal Director, Surat No. BP/ Asnabad/Olpad/Surat/249, dated 24.10.08 and Letter No. 2420, dated 19.11.2008.

(10) Letter of Executive Engineer, ((O & M) SOUTH Gujarat Vij Co., Surat (Rural) No. SUDI/(O & M)/ Tek/2008/5796, dated 18.11.2008.

(11) Letter of Executive Engineer, K.J.K