ORDER :

1. By this petition, inter-alia, under Article 226 of the Constitution of India, the petitioners, are seeking quashing and setting aside of the order dated 28.7.2014 passed by the Deputy Collector, Tharad as well as order dated 5.3.2016 passed by the Collector, Banaskantha whereby, the order of the Deputy Collector, directing vesting of the land in the State Government, has been confirmed.

2. Tersely stated are the facts:

2.1. The ancestor of the petitioners were refugees and were allotted land situated at survey no. 38 paiki at village Nanda, taluka Rapar, district Kachchh. Since the land was infertile, the ancestor of the petitioners (hereinafter referred to as “the allottee or the petitioners, wherever the context warrants”) did not take possession and requested the concerned authorities to allot the land at some other place. The allotee was unable to find appropriate occupation in Rapar taluka, district Kachchh and shifted to village Tharad, district Banaskantha, where, the allottee was allotted the land in Santhani of survey no. 23/1B/P for the purpose of rehabilitation, vide order dated 28.4.1988 (hereinafter referred to as “the land in question”). Since then, the allott