JUDGMENT :

1. Rule. Learned AGP Mr.Meet Thakkar waives service of notice of rule for respondent no.1. Learned advocate Mr.H.S.Munshaw waives service of notice of rule for respondent nos.2 to 4 and learned advocate Mr.Hasit Joshi for respondent nos.6.1 to 6.10.

2. This petition is filed for the following prayers :

9(A) YOUR LORDSHIPS be pleased to issue a writ of mandamus, or a writ in the nature of mandamus, or any other appropriate writ, order or direction to quash and set aside the impugned decision dtd. 04.01.2018 communicated vide communication dtd. 12.01.2018 passed by respondent no.3 in Panchayat-4/Work/Appeal/16-20 of 2018 in a meeting of the Appellate Committee held on 04.01.2018 (Annexure `A') as being illegal, arbitrary, contrary to the settled legal position, without jurisdiction, without competence, discriminatory, violative of principles of natural justice as also violative of Art.14 and 19(1)(g) of the Constitution of India in the interest of justice.

(AA) Your Lordships be pleased to quash and set aside the impugned order dated 8.3.2018 passed by Deputy District Development Officer, Jamnagar (as communicated vide communication dated 15.3.2018 by respondent no.4) as being illegal, arbitrary, unreasonable, unjustified, and only with a view to make the proceedings a futile exercise, in the interest of justice and equity and further be pleased to restore the entry of the petitioner in village form no.2 of the subject lands in the interest of justice and equity.

(B) YOUR LORDSHIPS be pleased to stay the implementation, execution, operation of the impugned decision dtd. 04.01.2018 communicated vide communication dtd.12.01.2018 passed by respondent no.3 in Panchayat-4/Work/Appeal/16-20 of 2018 in a meeting of the Appellate Committee held on 04.01.2018, pending the hearing, admission and final disposal of the hearing, admission and final disposal of this petition in the interest of justice and equity;

(BB) Your Lordships be pleased to stay the implementation, execution of the impugned order dated 8.3.2018 passed by the Deputy District Development Officer, Jamnagar (as communicated vide communication dated 15.3.2018 by respondent no.4) and further be pleased to direct respondent no.5 to restore the entry of the petitioner in village form No.2 in respect of subject lands, pending hearing admission and final disposal of the present petition in the interest of justice and equity.

(C) xxxxxx"

3. The brief facts leading to the present petition are as under :

3.1 That the petitioner is in lawful possession and occupation of the subject land since 1994-95 and construction put up by the petitioner is in existence even as on date as is evident from the photographs annexed with the petition. The petitioner, alongwith other various parcels of land including land bearing survey no.3 total admeasuring 44437.60 sq.mtrs. stuated at village Dhinchda, Taluka and District Jamnagar was owned and occupied by one Jaku Noormamad and family members. It also transpires that the respondent no.2-authority has granted permission vide order dated 17.10.1994 for non-agricultural use. It is also transpired from the petition that the original owner respondent no.5 along with other family members executed power of attorney in favour of Varinda Nandshanker Dave for the purpose of dealing with the subject land in favour of the petitioner and accordingly nine plots from the subject land were transferred in favour of the petitioner by different registered sale deeds. Accordingly, on the basis of the registered sale deeds of all the nine plots, entry came to be mutated in village form no.2 vide entry no.197/1 to 197/2 dated 18.4.1995 and 19.4.1997 respectively in favour of the petitioner. It is also revealed from the petition that the petitioner, in the year 1994-95, has constructed and established solvent plant on the subject land and at the relevant point of time, as there was some irregular construction on plot nos.1 to 3, same was regularized by Jamnagar Area D