JUDGMENT :

ARAVIND KUMAR, J.

1. The State has questioned the correctness and legality of the order dated 8.9.2016 passed in Special Civil Application No. 3254 of 2001 and Special Civil Application No. 3258 of 2001. The land bearing Survey Nos. 192, 146, 216, 147, 120, 760, 742, 748, 641 and 300 of Village: Padana, District: Jamnagar were declared as surplus by order of Mamlatdar dated 23.11.1980 under Section 21 of the Gujarat Agricultural Lands Ceiling Act (hereinafter referred to as ‘Ceiling Act’) in Case No. 41 of 1976. Said order was challenged before the Deputy Collector who by order dated 13.9.1982 remanded the matter back to the Mamlatdar and he confirmed the same. Respondent No. 5 who were the erstwhile owners filed an appeal before the Deputy Collector which came to be dismissed vide order dated 4.2.1983 and the revision application preferred before the Gujarat Revenue Tribunal against the order dated 4.2.1983 was dismissed vide order dated 6.2.1985. Special Civil Special Civil Application No. 3185 of 1986 filed before this Court challenging the same ended in its dismissal dated 25.6.1986 and was confirmed by the Hon’ble Apex Court by order dated 23.2.1987 passed in Special Leave Petition No. 7592 of 1986. Thus, the claim of respondent No. 5 viz. erstwhile owners insofar as declaration of surplus land had attained finality. Thus, the lands vested with the government free from all encumbrances as prescribed under Section 29 of the Ceiling Act with effect from 2.12.1988.

2. By virtue of the excess land having vested in the State, an order came to be passed by the Assistant Collector on 31.3.1989 distributing the excess land in favour of the writ applicants which order contemplated that allottees should file an undertaking in accordance with the Gujarat Land Revenue Rules, 1972 and on such undertaking being filed, the mutation entry was carried in Form No. 7/12 in favour of the writ applicants and accordingly, the entries were made and possession of the lands was also handed over to the writ applicants. These aspects were not seriously disputed by the learned Assistant Government Pleader. Against the order of the allotment made in favour of the writ applicants, respondent No. 5 filed an appeal before the Collector in Appeal Case No. 1 of 1989 which came to be dismissed on 21.8.1989. Being aggrieved by the said order, respondent No. 5 challenged the said order before the Special Secretary, Revenue Department who allowed the revision by order dated 15.3.1991. This was challenged by the writ applicants in Special Civil Application No. 2710 of 1995 which was allowed by order dated 15.2.1993 and the order dated 15.3.1991 passed by the Special Secretary, Revenue Department was set aside with a direction to the Special Secretary, Revenue Department to hear the petition and pass fresh orders since the writ applicants contended that they were not joined as parties in the said proceedings. Thereafter the Special Secretary, Revenue Department passed a fresh order on 13.2.2001 by observing that the writ applicants had not paid the occupancy price which they ought to have filed as per the undertaking given under the Gujarat Land Revenue Rules, 1972. Being aggrieved by the said order, the writ applicants filed Special Civil Application No. 3254 of 2001 and Special Civil Application No. 3258 of 2001 challenging the order of Special Secretary, Revenue Department dated 13.2.2001, which was allowed by the learned Single Judge by order dated 8.9.2016. Hence, this intra-court appeal.

3. It is pertinent to observe at this juncture itself that certain lands declared as excess came to be acquired for the benefit of Reliance Industries by issuance of notification dated 15.2.1993 under Section 4, followed by declaration under Section 6 dated 18.5.1994, which ultimately resulted in an award being passed on 12.12.1994 and possession of the lands were taken from the writ applicants. The said beneficiary of the acquisition namely, Reliance Industries fi