JUDGMENT :

1. By this petition, inter alia, under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dated 27.11.2015 passed by the respondent no.2 i.e. the Collector (hereinafter referred to as “the Collector”) directing the respondent no.3 i.e. the Mamlatdar, to take over the possession of the land free from all encumbrances.

2. Tersely stated are the facts:

2.1 The father of the petitioner, was serving as an army man. An application dated 1.3.1965, was made by the father of the petitioner for allotment of the land bearing survey no.247 (new survey no.149/1/A/2 paiki) admeasuring Acre-55 32-gunthas situated at village Vesu, Taluka: Choryasi, District: Surat. After following the procedure and as per the policy, vide order dated 26.10.1966, the salted land came to be allotted on lease for the unlimited period. With the help of the family members, the land was made fertile and cultivable. As per the policies of the State Government, since it was impermissible to allot the land, more than the economic holdings, that revised order dated 7.1.1967 came to be passed allotting the land admeasuring 16 acres of revenue survey no.247 situated at village Vesu, Taluka: Choryasi, District: Surat (hereinafter referred to as “land in question”) for agricultural/cultivation purpose. According to the petitioner, the order contained various terms and conditions, inter alia, that rent would not be charged for the first 10 years. It further contained that after completion of 30 years, land revenue will be charged on the prevalent rates on the said reclaimed land by treating as if it is a land survey settlement.

2.2 The father of the petitioner, with the help of other family members, reclaimed the land in question and was in uninterrupted and continuous possession for almost more than 50 years.The names of the petitioner along with other heirs, were also recorded in the revenue record. It is the case of the petitioner that she had also paid the revenue and municipal taxes with respect to the land in question from time to time.

2.3 Somewhere in the year 2002, the petitioner made an application to the Mamlatdar with a request to enter the name of the petitioner after determining the assessment. The petitioner and other family members, showed their willingness to pay the same. It was the specific case of the petitioner and family members that they are cultivating the land in question and were earning their livelihood with no other source of income. The application for deciding the assessment, was only with a view to seeing that the petitioner and other family members, can avail of the loan facilities for purchasing the land equipment and for developing the same more efficiently.

2.4 Somewhere in the month of February 2003, panchkyas and inspection was carried out, recording that the land in question has been reclaimed and the crops namely; sugarcane and sorghum are standing. On the basis of the inspection and the panchkyas, Mamlatdar submitted a report dated 21.3.2003, recommending the Collector to fix the assessment of the land in question, after obtaining necessary opinion from the Office of District Inspector of Land Records who, in turn, submitted a report dated 11.8.2003, determining the assessment at Rs.82.40 paisa.

2.5 Followed, was the order dated 8.9.2003 by the Deputy Collector which was passed after taking into account the report of the Mamlatdar and the District Inspector of Land Records confirming that the land in question, is reclaimed which, led to the determination of the assessment. The land in question, was assigned new survey no.149 admeasuring 64,752 sq. mtrs. Conditions were attached to the effect that the land in question, would be of the restricted tenure and shall continue as it is and shall not be transferred without prior permission.

2.6 Apropos the order dated 8.9.2003, on 3.12.2004, the petitioner, made an application to the Deputy Collector, seeking conversion of the land