ORDER :

1. Rule. Learned Assistant Government Pleader Mr.Shah waives service notice of Rule on behalf of respondent Nos.1 to 3.

2. Draft amendment is allowed in terms of the draft.

3. By the consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing.

4. In the present writ petition, the petitioner is, inter alia, praying for the following relief:

“(A) YOUR LORDSHIPS may kindly be pleased to issue a writ of mandamus, or any other appropriate writ in the nature of mandamus, order or direction quashing and setting aside the order dated 13.08.2018 passed by the respondent no.1- Special Secretary, Revenue Department in Revision Application No. MVV/JMN/GDN /5 / 2018 as well as order dated 23.03.2018 passed by the District Collector in Appeal /CB/RTS/Randesan/ Revision/Dasu./ 20 of 2018 Revision Application No. 146 of 2015 as well as order dated 7.11.1990 passed by the learned Deputy Collector;”

5. Learned advocate Mr.Purohit, on the instructions of the petitioner, has submitted that the petitioner is ready and willing to pay any premium or any amount with regard to the objections raised by the respondent authorities so that the land in question may be regularized and entry to that effect in his name may be recorded in the revenue record.

6. The issue raised in the present petition pertains to the Entry No.559 certified on 29.01.1991 with regard to the land at Survey No.17/4 paiki, admeasuring 12141 sq. mts., Village Randesan, Taluka Gandhinagar, District Gandhinagar.

7. From the record, it is established that the land bearing Survey No.17/4 paiki, admeasuring 12141 sq. mts., Village Randesan, Taluka Gandhinagar, District Gandhinagar was originally allotted to one Shri Mansangji Chanduji by the order dated 14.04.1966 passed by the District Collector. It transpires that in the year 1982, the Prant Officer, Gandhinagar initiated the proceedings under Section 79A of the Gujarat Land Revenue Code, 1879, (“the Code”) against the original owner for breach of condition of the original allotment order and vide order dated 07.11.1990, the land in question was forfeited into the State Government on the ground that the land had remained uncultivated as well as the occupancy price was also not deposited by the original owner. It further transpires that the revenue Entry No.559 came to be mutated in the revenue record pursuant to the order passed by the Deputy Collector on 21.11.1990. Further, the said entry was never given effect in the 7/12 Extract of the revenue record. After the death of the original owner, Entry No.562 came to be mutated in the revenue record, whereby the name of the legal heirs of the original owner came to be mutated in the revenue record and it is observed that no notice under Section 135D of the Code came to be served upon to the occupants. The original heirs preferred an application before the Mamlatdar for conversion of the land in question from new tenure to old tenure and vide order dated 14.03.2001, the Mamlatdar granted the aforesaid permission converting the land from new tenure to old tenure. Accordingly, the restrictions of new tenure were lifted by the revenue authorities and the effect of the said order came to be given in the revenue record vide Entry No.903 dated 17.03.2001 and subsequently, the same came to be certified by the competent authority on 11.07.2001.

7.1 The petitioner, thereafter, wanted to purchase the land in question and, therefore, he had approached the heirs of the original land owner and accordingly, the petitioner verified all the revenue record and obtained the title clearance certificate from the solicitor as well as paper publication of the requisite notice on 08.09.2009. After carrying out the necessary search and obtaining title clearance certificate, by the registered sale deed dated 29.01.2010, the petitioner purchased the aforesaid land from the heirs of the original land owner and an entry, with respect to the aforesaid sale transaction