JUDGMENT :

1. With the consent of the learned advocates appearing for the respective parties, the present Civil Application (for stay) No.1 of 2022 is taken up for final disposal.

2. Issue Rule, returnable forthwith. Mr.Nikunj Kanara, learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondent – State and Mr.Digant Popat, learned advocate waives service of notice of Rule on behalf of the private respondent.

3. The present application has been filed by the applicants i.e. original petitioners (hereinafter referred to as “the original petitioners”) seeking stay of execution, implementation and operation of the order dated 16.03.2022 passed by the Special Secretary, Revenue Department (Appeals) (hereinafter referred to as “the learned Secretary”) whereby, the revision application filed by the opponent no.1 i.e. original respondent no.1 (hereinafter referred to as “private respondent”) has been accepted and the matter has been remitted to the Collector to pass the order afresh, after hearing all the parties.

4. This Court had passed an order dated 29.3.2022 in the captioned writ petition, issuing notice and notice as to interim relief, returnable on 12.4.2022. The respondents have been served. Affidavit of direct service is also filed which contains the signatures of all the respondents including the private respondents, they having been served on 8.4.2022. From the record, it appears that except respondent no.1 and respondent nos.11, 12, 13 and 14, rest of the respondents have chosen not to enter appearance.

5. The petitioners, as aforesaid, filed the civil application (for stay) seeking stay of the execution, implementation and operation of the order dated 16.3.2022 passed by learned Secretary. The issue in the captioned writ petition is grant of NA permission and subsequent cancellation with respect to land being survey no./block no.2380 (old survey no.1407/2A admeasuring 2333 sq.mtrs. situated at Village: Karannagar, District: Mehsana.

6. Tersely stated are the facts:

6.1 In the year 2008, the petitioners have purchased the land admeasuring 2973 sq.mtrs. out of total 5868 sq.mtrs. and the land admeasuring 2333 sq.mtrs. was purchased by the petitioners in the year 2020. According to the petitioners, the adjoining land was also purchased by the petitioners in the year 2021 and therefore, the petitioners became the owner of survey nos.2380, 2381, 2383 and 2384. Thereafter, the petitioners submitted application to the mamlatdar for amalgamating all the four survey numbers, i.e, survey nos.2380, 2381, 2383 and 2384. Accepting the request of the petitioners, the mamlatdar passed an order dated 09.02.2021, amalgamating all the four survey numbers by giving them a new survey no.2380 admeasuring 6551 sq.mtrs. Since the petitioners were desirous of developing the land, submitted an application dated 04.05.2021 under the provisions of Section 65 of the Gujarat Land Revenue Code, 1879 (hereinafter referred to as “the Code”) read with the Gujarat Land Revenue Rules, 1972 (hereinafter referred to as “the Rules”). The Collector, vide order dated 22.06.2021, allowed the application and granted the NA permission.

7. Being aggrieved by the said order dated 22.06.2021, the private respondent approached the learned Secretary. The learned Secretary, after hearing the parties, inter alia, was of the opinion that the land of the private respondent has been reduced in the year 1983-84 from acre 0-35 gunthas to acre 0-17 gunthas, which aspect has not been considered by the Collector and therefore, the matter has been remitted to the Collector with a direction to take a fresh decision. The petitioners, being aggrieved, have filed the captioned writ petition and the Court passed an order dated 29.03.2022 issuing notice and notice as to interim relief. During the pendency, the petitioners have filed the present civil application seeking urgent order. Hence, the present application with the aforementioned prayers.

8. Mr.R.S. S