JUDGMENT :

1. The captioned writ petition, being Special Civil Application No.9588 of 2020, is taken up as a lead matter.

2. The writ petition emanates from the order dated 07.03.2020 passed by the Secretary (Appeals), Revenue Department, State of Gujarat, Ahmedabad i.e. the respondent No.6 (“the SSRD” for short) in Revision Application No.MVV/ BKP/AMD/38 of 2019. By the said order, the SSRD has rejected the revision application preferred by the petitioners and confirmed the order dated 07.06.2019 passed by the respondent No.5-District Collector, Ahmedabad, for the land bearing Block No.701/D, granting NA permission to the private respondents.

3. The brief facts leading to the filing of the present petition are as follows:-

3.1) The dispute pertains to the agricultural lands bearing Survey Nos.545 and 546, situated at Village Ghuma, Taluka Daskroi, District Ahmedbad, which were originally owned by one Jiviben d/o Verabhai Shivabhai and the grandfather of the petitioner – Aatmaram Manorbhai, who was registered as a tenant of the land bearing Survey No.546 and one Khodabhai Galabdas was the tenant of another land bearing Survey No.545.

3.2) The Mamlatdar and ALT, Daskroi, Ahmedabad initiated proceedings under Section 32G of the Gujarat Tenancy and Agricultural Lands Act, 1948 (“the Tenancy Act”, for short). By order dated 07.05.1963, the land bearing Survey No.545 was returned to the original landowner – Jiviben d/o Verabhai Shivabhai for self-cultivation. Accordingly, an entry in this regard was mutated being Entry No.3191 in the revenue records on 10.10.1978. 3.3) It is the case of the petitioner that so far as the remaining land of Survey No.546 is concerned, an inquiry under Section 32G of the Tenancy Act, was undertaken and statutory purchase thereof was declared “ineffective” under Section 32G(4) of the Tenancy Act, vide order dated 18.02.1978 on the ground that the tenant is unwilling to purchase the said land. It is asserted by the petitioner that two different orders were passed under Section 32G of the Tenancy Act, as a result thereof, the land bearing Survey No.545 was granted / returned back to the original landowner for self-cultivation and so far as the land bearing Survey No.546 is concerned, the purchase thereof was declared ineffective and consequently, the right, title and interest of the landowner qua the land bearing Survey No.546 came to an end.

3.4) Both the lands of the aforesaid survey numbers were consolidated and given Block No.701, it appears that, thereafter the original landowner executed a registered sale deed dated 31.03.1982 with respect to the Block No.701 in favour of the father of the respondent Nos.1 to 3 - i.e. Kantibhai Somabhai Patel.

3.5) It appears that the purchasers made an application to the concerned Mamlatdar and ALT of Survey Nos.545 and 546 i.e. Block No.701 for correction of mutation of the entry. The said application was numbered as Tenancy Case No.30 of 1994, which was disposed of by the Mamlatdar and ALT by an order dated 17.04.1995.

3.6) Thereafter, the respondent Nos.1 to 3 made an application before the District Development Officer (DDO), Ahmedabad seeking permission for change of user for the entire Block No.701 from agricultural to non-agricultural purpose. Pursuant to the negative opinions expressed by the Mamlatdar and ALT as well as the Deputy Collector to the DDO, further directions were issued to the Mamlatdar and ALT by the Deputy Collector to undertake further procedure for the disposal of the land bearing Survey No.546 of Block No.701 under Section 32P of the Tenancy Act and Tenancy Case No.91 of 2006, is still pending before the Mamlatdar and ALT, Daskroi. Thereafter, the respondent Nos.1 to 3 again moved the District Collector, Ahmedabad requesting for conversion of the land bearing Block No.701 for non-agricultural use. Based on the negative opinions of the authorities, the District Collector, Ahmedabad vide order dated 11.03.2016 rejected the application for NA