JUDGMENT :

SANGEETA K. VISHEN, J.

1. By this petition, inter-alia, under Article 226 of the Constitution of India, the petitioners are praying for issuance of writ of mandamus, certiorari or a writ in the nature of certiorari so also, the direction for quashing and setting aside the order dated 28.07.2014 passed by the respondent no. 2 i.e. the Assistant Collector, Tharad as well as the order dated 15.07.2015 passed by the respondent no. 4 i.e. the District Collector whereby, the order of the Assistant Collector dated 28.07.2014, directing vesting of the land in the State Government, has been confirmed.

2. Issue rule, returnable forthwith. Mr. J.K. Shah, learned Assistant Government Pleader waives service of notice of rule on behalf of the respondents.

3. Tersely stated are the facts:

3.1 The ancestor of the petitioners, was refugee and residing at Kachchh. The ancestor of the petitioners (hereinafter referred to as “the allottee” or “the petitioners”, wherever the context warrants) was allotted the land situated at survey 365 at village Sukhpar, taluka Rapar, district Kutch. Since the land, was infertile, the allottee did not take the possession and requested the concerned authorities