JUDGMENT :

1. RULE. Learned AGP waives service of notice of Rule on behalf of the concerned respondents.

2. With the consent of the learned advocates appearing for the respective parties since a short issue is involved in the present writ petition, the same is heard and decided finally today.

3. By way of the present petition, the petitioners have assailed the order dated 03.11.2017 passed by the Special Secretary, Revenue Department (Appeals) (for short, ‘SSRD’) in Revision Application No.MVV/JAMAN/RJT/7 of 2016 as well as the order dated 03.02.2016 passed by the District Collector, Rajkot in Land/Revision/211/Case No.4/12-13 vesting the land admeasuring 8,094 sq. mts. of Survey No.134 paiki of village Vejagam, Tal. & Dist. Rajkot into the State Government.

4. The facts giving rise to the present writ petition can be summarized as under:-

4.1 The new tenure agricultural land bearing Survey No.134 of Village Vejagam, Tal. and Dist. Rajkot admeasuring 8,074 sq.mtrs. was allotted by the Deputy Collector, Rajkot to Govabhai Pithabhai vide order dated 01.07/08.1974, who passed away on 14.11.2010 leaving behind his legal heirs (i.e. the petitioners herein) and their names were mutated in the revenue record vide Entry No.1417 dated 05.12.2019.

4.2 The petitioners made an application dated 17.02.2011 for conversion of the new tenure land to old tenure land pursuant to the Circular dated 04.07.2008. Thereafter, Talati, Madhapar prepared a panch rojkam on 01.04.2011, wherein it is stated that the petitioners are in possession of the land after death of Govabhai Pithabhai and their names were mutated as per Entry No.1417. Thereafter, Circle Officer, Rajkot wrote a letter to Mamlatdar, Rajkot Taluka, giving no objection for converting the new tenure land to old tenure land.

4.3 Thereafter, respondent No.3-Deputy Collector issued a show-cause notice dated 25.05.2012 calling upon the petitioners as to why the order should not be passed under Section 79 (A) and 202 of the Gujarat Land Revenue Code, 1879 and Rules 100 and 101 of the Land Revenue Rules in Case No.PRAK/Appeal/LRC-79/Sharatbhang/Case No.19/2012 as the land granted to the father of the petitioner Nos.2 to 5 and husband of petitioner No.1 was not cultivated for the years 1995-96, 1996-97, 1998 -99, 1999-2000 and 2001-02.

4.4 Thereafter, petitioner No.4 filed his reply on 11.06.2012 before the respondent No.3-Deputy Collector contending that there was shortfall of rain in the year 1995-96 and hence, the crop had failed and in the years 1996-97 to 2001-02, the land was cultivated but due to heavy rain, the crop was failed. It was also contended that due to lack of legal knowledge, the petitioners forgot to mention the details of crop in the Village Form No.7/12.

4.5 After hearing the petitioners, the respondent No.3-Deputy Collector withdrew the notice dated 25.05.2012 vide an order dated 08.04.2013 and directed to cultivate the land on regular basis and not to waste the land.

4.6 Thereafter, the respondent No.2–District Collector, Rajkot issued a show-cause notice dated 30.11.2013 / 02.12.2013 to the petitioners asking as to why the action should not be taken for breach of condition of the allotment order of 1974 and the possession of the land should not be taken back as by taking the order dated 08.04.2013 passed by the respondent No.3-Deputy Collector into revision under Section 211 of the Gujarat Land Revenue Code, 1879.

4.7 The petitioners gave their detailed reply to the notice dated 30.11.2013 / 02.12.2013 issued by the respondent No.2-District Collector, pointing out that the said land was cultivated in the year 1995-96 to 2000-01 and it was never put as waste land.

4.8 The respondent No.2-District Collector passed an order on 03.02.2016 vesting the land admeasuring 8,094 sq. mtrs. of Survey No.134 paiki of Village Vejagam, Tal. and Dist. Rajkot into the State Government and accordingly, mutated an entry in the revenue record and set aside the order dated 08.04.2013 passed by the respo