JUDGMENT :

1. Rule. Learned AGP waives service of notice of rule on behalf of respondent nos.1 and 3. With the consent of the parties, the matter is fixed for hearing forthwith.

2. By filing this petition, the petitioner has prayed to quash and set aside order of the Secretary, Revenue Department (Appeals), Ahmedabad, dated 30.8.2017 as well as order dated 17.12.2015 passed by District Collector, Gir Somnath, and further prayed to direct the respondent authorities to permit the petitioner to change the activity of dairy industry on the land in question granted to the petitioner by Sanad.

3. The brief facts of the case are that the petitioner had applied to grant land near Prabhaspatan of the then Veraval Taluka for extracting stone etc. by using crusher machine. On 4.9.1982, Deputy Town Planning Officer, Junagadh, assessed the price of the land at Rs.2.50 ps. Per sq.mtr. And opined to allot land of Survey No.1457/P of village-Prabhaspatan. On 3.7.1982, the General Manager of District Industrial Centre, recommended to allot the land for industrial purpose to the petitioner. After necessary formalities, the petitioner was granted 4800 sq.mtrs. of land by Sanad on deposit of entire amount. Sanad was issued under H-Form prescribed under the Gujarat Land Revenue Code.

3.1 As the land could not be utilized for the industrial purpose, the land was directed to be forfeited by the Collector on 26.10.1989 with 40 patts amount of penalty. Order of the Collector was challenged before Special Secretary by filing revision, which was rejected by order dated 7.2.1990. Against which the petitioner had filed Special Civil Application No.4606 of 1990 and the petitioner was granted order of stay by this Court. Thereafter, the petitioner made various representations. On 1.4.1997, the Government considered the representation and directed the District Collector to reclaim the land and on 29.7.1997, the Government further directed to delete the condition mentioned therein. Such a direction was given on a condition that the petitioner would withdraw Special Civil Application No.4606 of 1990 from the Honourable Court.

3.2 In view of decision of the State Government to re-grant the land to the petitioner, the petitioner deposited 40 patts penalty amount with Talati cum Mantri on 30.10.1997 and on 31.1.1998, land was re-granted to the petitioner.

3.3 Since the law relating to Forests had changed and it had become difficult for the petitioner to get stones required for running the crusher, the petitioner applied to District Collector, seeking permission to change the industrial activity to dairy industry or service industry.

3.4 On 29.5.2001, the District Collector did not grant permission to change the use and directed to forfeit the land. Petitioner has challenged the order of District Collector before Revenue Secretary (Appeals), who found that the order was erroneous. On 27.7.2011, Revenue Secretary (Appeals) remanded the matter back to re-consider the aspect of change of use. On 29.8.2011, District Collector, asked Deputy Collector to inspect the site and on 29.12.2011, Deputy Collector inspected the site and found that there are go-downs and even buffalos are kept and two partners are added by the petitioner. In view of this, the petitioner was asked to pay 20% of the current market price as premium and 4.90% as stamp duty. On 9.3.2015, the petitioner deposited such amount. Inspite of deposit of premium amount after inspection of site by the Deputy Collector, on 17.12.2015, District Collector passed the impugned order against which the petitioner preferred revision application, which also came to be rejected vide order dated 30.8.2017. Being aggrieved by both these orders, the petitioner has preferred present petition.

4. Heard Mr.Yogesh Ravani, learned advocate for the petitioner and Ms.Dhwani Tripathi, learned AGP for the respondent-State.

5. Mr.Yogesh Ravani, learned advocate for the petitioner submitted that the petitioner is granted land by way of Sanad