Non-compliance with natural justice principles led to the quashing of the impugned order and remand for fresh consideration.

JUDGMENT :

1. By filing present petition, the petitioners have challenged the order dated 28.2.2018 passed by Assistant Collector, Rajkot Rural Prant, cancelling earlier order dated 10.6.2017 of promulgation and making new promulgation by changing the location of the land of the petitioners and further prayed to direct Assistant Collector, Rajkot Rural Prant to restore earlier order dated 10.6.2017 of promulgation and process the application for N.A. made by the petitioners.

2. The brief facts of the case are as under:-

2.1 By order dated 1st August 1971, Prant Officer, Morbi, land bearing Survey Number 140 admeasuring 7 acres of Village Amreli, Taluka Paddhari, District-Rajkot was granted to Bharwad Vaja Bhala as New Tenure land as per the policy of the Government. The Circle Inspector while giving possession drew rojkam of the process in which four boundaries of land bearing Survey Number 140 (Paiki) 8 admeasuring 7 acres was shown. Thereafter the name of Bharvad Vaja Bhala has been entered in the revenue record by Entry No.236 on 21st October 1973 which has been certified by the competent authority on 26th March 1974 from the aforesaid 7 acres of land, road has been passing which is known as road going from Amreli to Dholakiya. As per the Government policy, the land was converted from New Tenure to Old Tenure by order of Mamlatdar dated 17th March 2003 and Bharwad Vaja Bhala paid premium of Rs.1575/- on 12th February 2002. At the time of passing the order, Panch Rojkam was carried out by the Talati cum mantri of Amreli wherein also four boundaries of the land have been described, however, Deputy Collector took it in suo motu revision, which was confirm on 26-5-2004.

2.2 The order of the Mamlatadar converting the land from New Tenure to Old Tenure has been mutated in the revenue record by entering No.1891 dated 19th September 2006 which was certified by the competent authority on 4th November 2006. Bharvad Vaja Bhala sold the land to Shri Mansukhbhai Ratanshibhai Boraniya and Chimanbhai Trikambhai Rasadiya on 15th February 2007 by registered Sale Deed No.1911 in which also description of the land was provided. The names of the purchases were also mutated by entry No.1932 on 9th April 2007 which was certified on 12th July 2007. Shri Mansukhbhai Ratanshibhai Bhoraniya and Chimanbhai Trikambhai Rasadiya have sold the land to Shri Dhirajlal Mohanlal Sorathiya and Shri Rajeshbhai Praveenchandra Manseta by registered Sale Deed No.19959 on 3rd October 2007, wherein also description of land was given and it was stated that road is passing from the said land. The names of new purchases were also mutated by entry No.2173 on 8th January 2008 which was certified on 3rd July 2008. It is also contended that the Government ordered promulgation of village Amreli and entry thereof was made by entry No.3897 for survey numbers 0 to 9068. Thereafter the DILR gave new survey numbers and land Survey No.140 (8) was given new Survey No.522 admeasuring 2 Hectare 83 Are and 28 sq.mtrs. and Entry No.3988 came to be made which was certified on 30th May 2016 in the revenue record. According to the petitioners, the land in question was not promulgated, the predecessors in title of the petitioners applied to DILR with copies of village form No.7 & 12 and panchnama dated 9th May 1972.

2.3 It is contended that pursuant to the application made by Shri Dhirajlal Mohanlal Sorathiya and Rajeshbhai Pravinchandra Manseta, the Deputy Collector and DILR have examined the case and prepared KJP SR.No.170/16-17 dated 30th June 2017 and land owned by Shri Dhirajlal Mohanlal Sorathiya and Shri Rajeshbhai Pravinchandra Manseta has been given two survey numbers namely Survey No.86 admeasuring 0 Hectare, 60 Are and 78 Sq.mtrs. and Survey No.121 admeasuring 2 Hectare, 22 Are and 50 sq.mtrs. and entry No.4136 was based on 5th August 2017. The respondent no.4 also prepared map pursuant to the application of Shri Dhirajlal Mohanlal Sorathiya and Shri Rajeshbhai Pravinchandra Manset