The main legal point established in the judgment is that the orders of administrative authorities must be reasoned and in compliance with principles of natural justice, and any unreasoned order would be in violation of principles of natural justice.

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 allottee was residing at Tharad and have been cultivating the land in question.

2.2. Apropos the inquiry, the District Collector, Kachchh, passed an order dated 13.11.2013, directing restoration of the possession of the land, which was allotted at village Nanda, taluka Rapar, district Kachchh and the State Government so also, the Mamlatdar were directed to take possession. To the shock and surprise of the petitioners, a notice came to be issued under section 79A of the Gujarat Land Revenue Code, 1879 (hereinafter referred to as the “Code”) requiring the petitioners to vacate the land in question at Tharad, district Banaskantha.

2.3. The petitioners appeared and pointed out that the land in question is the only source of livelihood of the petitioners which has been in their possession since last more than 27 years. The petitioners also pointed out that they have no interest in the land allotted at district Kachchh and urged that considering the condition of the petitioners, the proceedings under Section 79A of the Code, may be dropped, more particularly, in absence of any breach of conditions on their part. The Assistant Collector, Tharad disregarding the request, passed an order dated 30.5.2012 as he was of the opinion that the petitioners were obliged to hand over the possession of the land at district Kachchh; however, they failed to do so. Also, the land is not being cultivated by the allottee and therefore, the conditions enumerated in the allotment order of the year 1988 passed by the Collector, Tharad, have been breached. The Assistant Collector concluded that the petitioners have not got the land cancelled and availed of the benefits at two places and therefore, directed vesting of the land in the State Government.

2.4. Being aggrieved, an appeal was preferred before the Collector who, passed an order dated 8.5.2014 allowing the appeal and the matter was remanded to the Deputy Collector, Tharad to decide it afresh. As a result whereof, the Deputy Collector, passed an order dated 28.7.2014 which, was challenged in appeal before the Collector who, passed an order dated 5.3.2016. Hence, the present writ petitions.

3. During the course of hearing of the captioned writ petitions, Mr. Meet Kakadiya, learned advocate for Mr. S.P. Majmudar, learned advocate for the petitioners has tendered the affidavit-cum-undertaking, on behalf of the petitioners. The same is directed to be taken on record. The contents, read thus:

“1. I state that the petitioners have not availed any benefits from the land granted at Rapar Kachchh. It is further stated that in fact, the petitioners have not even taken possession of the said land at Tal: Rapar, District Kachchh. It is stated that the petitioners are not interested in the land situated at Tal: Rapar Kachchh and are only interes