ORDER :

1. Heard learned advocates for the respective parties. Perused the record.

2. By way of this petition, under Article 226 of the Constitution of India, the petitioners have challenged the order dated 5.1.2022 passed by the Secretary (Appeals), Revenue Department. By this order, the respondent No.2 has restored the permission granted to the respondent Nos.5 to 8 to sell the property in question to the respondent Nos.9 to 14. The order by which permission was so granted was dated 22.6.2020.

3. The facts in brief would read as under:

3.1. The respondent Nos.5 to 8 owned land bearing regular city survey no.438 admeasuring 63 Are-74 Square Meters, FP No.82, TP No.11, Ward No.12, Adajan, Gorat, Surat. It is not in dispute that the land in question was in a “disturbed area.” On 25.10.2019, the respondent nos.5 to 8 entered into an agreement to sell the land in question to a partnership firm M/s. Evergreen Corporation, to respondent No.9. On that day, respondent nos.10 to 13 were partners of the said firm. On 16.3.2020, there was a reconstitution of the partnership firm inasmuch as, the respondent no.14 was inducted as a partner. On that very date, a sale deed was executed by the respondent nos.5 to 8 in favour of the partnership firm, respondent No.9. The sale deed is on record and respondent No.14 was a signatory to the sale deed.

3.2. On 20.3.2020, these sellers (respondent nos.5 to 8) made an application to the competent authority i.e. the Collector, Surat as the land in question was “a disturbed area” u/s.5 of the Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991. (for short, hereinafter referred to as “Disturbed Areas Act”)

3.3. On 22.6.2020, the Deputy Collector granted such permission to sale the property in question subject to certain conditions. The petitioners residential societies in the vicinity lodged objections on 26.8.2020 before the Collector and the Police Commissioner with regard to the sale in question. In the meantime, the purchaser got development permissions to develop the property and also construction permission to execute the scheme of flats known as Rehan Heights. On the objections filed by the petitioners based on a report dated 8.11.2020, submitted by the PSI to the PI and in turn to the Police Commissioner which indicated that there was breach of condition Nos.3 and 12 of the permission dated 22.6.2020, appropriate action be taken. The representations / objections were rejected by the Deputy Collector rejected on 31.3.2021. Aggrieved by which, the petitioners have filed Revision Application No.1/2021 which is pending before the Secretary, Revenue Department. On 9.9.2021, it appears that pursuant to objections lodged by one Gorat Hanuman Kshetra Samvardhak Samiti, which according to the petitioners protest their objections, the Deputy Collector found that in the partnership deed, one Prakash Manubhai Dholariya was inducted as a partner which gave an impression that the transfer of property by way of sale and purchase was between two entities of same religion when in fact it was not so. Initially, the partnership firm had respondent nos.10 to 12 who belong to a different community. These factors were not disclosed in the application seeking permission which was therefore breach of condition no.12 of order granting such permission and therefore the Collector revoked such order. This order of revocation of permission was challenged by respondent Nos.5 to 8 before the Secretary, Appeals by filing Revision Application No.2/2021 and after hearing the respondent Nos.5 to 8, by the impugned order dated 5.1.2022, the Secretary restored the permission granted on 22.6.2020 which is a subject matter of a challenge in this petition by the residential societies in the vicinity of the land.

4. Mr. Prakash Jani, learned Senior Counsel assisted by Mr. Shivang Jani, learned advocate for the petitioners would make the followi