Point of law: The Court is unable to accept such argument on the ground that while treating the restriction under Section 43 of the Tenancy Act, the premium charged was only for the purpose of change in occupancy. The language of the Government Resolution of 1971 or even the Government Resolution of 1980, which are for the same purpose, but modified later on, would indicate that charge of the premium prescribed was for the purpose of sale from one agriculturist to another agriculturist. Therefore, while change of occupancy is envisaged at that stage, there is nothing to indicate about the change in use / user of the land in question. In the facts of the present case, as it is evident that after the land was transferred by original owner (tenant), the land has changed hands only from one agriculturist to another agriculturist and that too for agricultural purpose.

ORDER :

1. This petition under Article 226 of the Constitution of India is filed for seeking directions to reconsider the decision of the Revenue Authorities and grant NA permission in relation to the old tenure agricultural land bearing Survey No.1030, Khata No.1129 admeasuring 10940 square meters at Village-Padra (Kasba), Taluka-Padra, District-Vadodara.

2. It is prayed that such NA permission be granted without payment of any premium. The petitioner also prays for quashing and setting aside the directions issued by the Deputy Collector to the Mamlatdar vide Communication dated 31-08-2020.

3. Learned Advocate for the petitioners submitted that the land was agricultural with restricted tenure, which was of restricted tenure pursuant to the order passed by the Deputy Collector was converting to the old tenure land after recovering conversion charges as per the Policy of the State and Mutation Entry No.4092 dated 28-03-1980 came to be posted and certified. The old tenure agricultural land changed hands from one Agriculturist to another and lastly the petitioners purchased the land from existing owner namely Patel Ketan Chhotabhai under registered Sale deed dated 08-01-2008 and Mutation Entry No.12000 was posted on 02-04-2008.

4. It is submitted that on account of overall development surrounding the land in question, agricultural operations on the subject land became difficult and hence, application was made by the petitioners on 20-02-2020 to the Collector for converting the land for nonagricultural purpose (NA permission). In due course, the Report came to be submitted by the Mamlatdar and ALT on 26-02-2020 to the Deputy Collector (Land Reforms) Vadodara and the said Deputy Collector submitted negative opinion considering the land still to be of restricted tenure. Based on such negative opinion without calling for any explanation from the petitioners, application for NA permission was filed by the Collector.

5. When the petitioners came to know about his NA application being filed, he made a Representation to reopen his application and reconsider by keeping in view the Government Policies on the subject as the petitioners were advised by the Authorities to file a fresh application altogether an online application dated 06-04-2020 was filed along with all clarifications and supporting documents. Main contention being that the land being the old tenure land and premium has been once recovered at the relevant time, there should not be any restriction especially restriction for NA permission on the ground of nonpayment of premium. Such application however, came to be filed once again by the Collector which fact was communicated to the petitioners vide letter dated 27-05-2020.

6. The petitioners once again made an attempt to reopen his application by making Representation dated 02-06-2020, but once again, they were advised to file another online application with all the details. Such application was filed on 07-06-2020 online and on 04-08-2020, written submissions were also submitted. NA application came to be decided by order dated 07-06-2020 and pursuant to the decision of 07-06-2020, Notice came to be issued to the petitioners for fixing hearing on 31-07-2020 and fixing the date for hearing on 06-08-2020. The petitioners were permitted to represent their case to support their contentions that land is of old tenure and therefore, there is no question of making payment of premium at the time of conversion from agricultural to nonagricultural. The petitioners had pointed out the Government Resolution dated 01-02-1971 to indicate that the restrictions of Section 43 of the Tenancy Act would come to an end when the protected tenant had transferred the subject land with permission of the Revenue Authorities way back in the year 1980. It is submitted that application of the petitioners was turned down vide Communication dated 31-08-2020 and another Communication was issued on the same date by the Collector directing the Mamlatdar and ALT to m