ORDER :

1. Present petition is filed by the petitioner praying to quash and set aside order passed by Revenue Secretary (Appeals) dated 30.7.2015 in Revision Application No.MVV/HKP/AML/ 112/2013 (Annexure-A) as well as the order passed by District Collector, Amreli, in Revision Case bearing No.88/2013 dated 29.10.2013 (Annexure-B).

2. The brief facts of the case are that one Gigubhai Panchabhai Gohil - grandfather of the petitioner was an agriculturist tilling the land bearing Survey No.212, 219 and 485 which is evident vide Entry No.176. Thereafter, vide promulgation order dated 01.10.1954 one Jasabhai Gigabhai Gohil, father of the petitioner came to be shown as the legal heir of Gohil Gigu Pancha by Entry No.176, which came to be mutated in the revenue record vide Entry No.1066 dated 02.01.1979. The petitioner states that thereafter said Jasabhai Gigabhai Gohil was tilling the said land. Thereafter, Jasabhai Gigabhai Gohil had obtained financial facility from Vikas Bank, but he could not repay the same and, therefore, the said land came to be vested in the Government vide entry No.1087 dated 07.06.1980.

2.1 Thereafter, the said proceedings came to be proceeded further and vide order dated 10.06.2002, the learned District Collector, Amreli, has once again re-granted the said land to the petitioner, which came to be mutated in the revenue record vide entry No.2402 dated 26.11.2002.

2.2 In the meantime, petitioner purchased land bearing Survey No.17 /12 admeasuring Hectare 1, 33 Are and 55 Sq.mtrs. of village Vadali, Taluka Jafrabad, District Amreli from its original owners Gohil Lakhabhai Unadbhai and Gohil Dadhubhai Unadbhai by registered sale deed dated 15.11.2000 registered at the office of the Sub-Registrar of Assurance vide Entry No.866 which, however, came to be approved on 04.02.2010 and certified in the record of rights only on 22.09.2010.

2.3 The petitioner had land in village Gangda, Taluka Una bearing A/c No.247, which is shown in village form No.7/12 and 8A and that the petitioner is shown at Sr.No.9 holding the entire land vide entry No.3069 and, therefore, the said sale deed dated 15.11.2000 came to be approved on 04.02.2010. The learned Talati cum Mantri has submitted that since it was not known as to whether the petitioner was an agriculturist or not, he requested learned Collector, Amreli, to take into suomotu revision the said entry No.3069 dated 04.02.2010 approving the sale deed dated 15.11.2000. Pursuant thereto, learned District Collector, called for a report from the Mamlatdar, Jafrabad.

2.4 Mamlatdar, Una, has submitted a report dated 06.09.2013 wherein he has shown the petitioner as agriculturist, she being the legal heir of Gohil Jasa Giga. It is in this connection submitted that vide entry No.3069 dated 10.9.2010 the petitioner is shown to be an agriculturist. Similarly vide entry No.3095 dated 27.10.2010 also petitioner has been shown to be the sole and exclusive owner of land bearing Survey No.212/0 admeasuring Hectare 1-12 ARE and 30 sq.mtrs. of Mouje Gangda and as joint owner/agriculturist of land bearing Survey No.485/1 of Mouje Gangda. The father of the petitioner Jasabhai Gigabhai Gohil is shown as agriculturist vide Entry No.176, 1066 and 3095 dated 01.10.1954, 16.01.1979 and 27.10.2010 respectively. Similarly, vide entry No.3096 dated 04.08.2010, petitioner has also been shown as agriculturist. In the aforesaid circumstance, the learned District Collector, Amreli, has issued a show cause notice dated 31.05.2013.

2.5 The petitioner had, vide communication dated 22.07.2013 gave detailed reply to the said show-cause notice and sent the same to the Mamlatdar, Una which, later on came to be submitted by the Mamlatdar, Una to the learned District Collector, Amreli on 06.09.2013. Though the petitioner had submitted her detailed written reply to the District Collector, the learned District Collector did not choose to give any personal hearing to the petitioner and suo-motu passed an order dated 29.10.2013