JUDGMENT :

Jayant Patel, J.

Mr. A.J. Patel, learned Counsel for the petitioners, is note present even in the second round. Hence, the matter stands dismissed for default.

Before the order is singed, Mr. Shital Patel, learned Counsel for Mr.A.J. Patel prays for recalling of the order and he states that he is ready to proceed with the matter.

2. Hence, restored. Mr. Shital, learned Counsel for the petitioners as well as Ms.Moxa Thakkar, learned AGP are heard on merits.

3. The only question to be considered is that the Government would be entitled to recover premium from which date, whether from the date when the application was decided for lifting of the restriction or from the date when actual payment was made ? Another aspect is that after payment of premium being full price whether any restriction as new tenure would continue or not ?

4. In order to appreciate the controversy, some facts may be relevant and the same are that on 20.2.1964, the land in question was allotted by the Government to one Sindhi Madhu on payment of occupancy price. Sanad was issued and it was a new tenure land for agricultural purpose. Thereafter, the petitioners purchased the land from the said occupant vide Sa