ORDER :

1. This intra-court appeal lays a challenge to the order dated 26.09.2017 passed in Special Civil Application 7525 of 2012, where-under the order dated 07.10.2011 passed by the S.S.R.D. Ahmedabad rejecting the revision application and affirming the order of the Collector dated 31.12.2009 (Annexure-H) came to be affirmed.

2. Facts in brief which have led to the filing of this appeal can be crystallized as under:

2.1 Petitioner who is allotted certain lands on 11.03.1998 vide allotment letter of even date (Annexure-C). In this proceedings, this Court is concerned with land bearing Survey No. 42 of Rampara-2, admeasuring 156 acres - 08 gunthas and 254 acres in Survey No. 603 at Village Bherai (out of 624 acres). The said allotment was subject to the conditions stipulated under the letter of allotment. On 01.04.2009, petitioner submitted an application to the Collector, Amreli seeking permission to mortgage the aforesaid lands with an intention to generate finance from financial institutions for development of the allotted land. On queries being raised by the office of the Collector, same came to be replied and not being satisfied with the reply, the Collector by issuance of show cause notice dated 25.11.2009 called upon petitioner as to why the lands allotted to the petitioner should not be forfeited for breach of condition namely, failure to develop and put up construction over the land allotted to it. The said show cause notice was duly replied on 23.12.2009 (Annexure-G) and said show cause notice came to be adjudicated by the Collector, Amreli who by order dated 31.12.2009 in Case No. 124 of 2009 (Annexure-H) ordered for forfeiture of the land bearing Survey Nos. 603 and 42 which was originally allotted to the petitioner (writ applicant).

2.2 Being aggrieved by the said order, petitioner challenged the same by filing a revision application on 02.02.2010 before the Secretary, Revenue Department (Appeals), State of Gujarat at Ahmedabad (for short “SSRD”) who refused to grant the interim relief and being aggrieved by the order of refusal dated 02.06.2010, petitioner approached the learned Single Judge in Special Civil Application 1984 of 2011, which came to be disposed of by issuing certain directions, where-under the revisional authority was directed to consider the application of the petitioner for fixing an early date of hearing of the revision application. With this observation, petition was dismissed as not pressed, as recorded in the order dated 08.03.2011 passed in Special Civil Application 1984 of 2011. It is thereafter, the revision application came to be dismissed vide order dated 12.10.2011, upholding the order of the Collector who had forfeited the land for breach of conditions by the petitioner. This order of SSRD came to be challenged by the petitioner before the learned Single Judge in Special Civil Application 7525 of 2012, who by order dated 26.09.2017 disposed of the petition by observing thus:

“14. The picture, as on date, is not clear. The Company itself is not sure whether in the near future, it is likely to utilize the two parcels of the land referred to above for the expansion of the Jetty and the port. For the reasons recorded in the impugned orders, if the land has been ordered to be forfeited, then in my view, no illegality could be said to have been committed, warranting any interference at the end of this Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India. However, at the same time, I take notice of the fact that the project of development of the port is huge and massive. It is not that there has been no development worth the name. There has been a substantial development. However, at the same time, it is not advisable or even proper on the part of the Company to retain the huge parcels of the land without utilizing the same. In such circumstances, I am inclined to give one more opportunity to the Company to point out to the Government that it is in need