ORDER :

1. Heard learned advocate Mr.Bhaumik Dholariya for the petitioners and learned Assistant Government Pleader Mr.Krutik Parikh for the respondent-State who appears on advance copy.

1.1 Learned advocate Mr.Dholariya has tendered a draft amendment. The same is allowed.

2. By this petition under Article 226 of the Constitution of India, the petitioners have prayed to quash and set aside the notices dated 8th February, 2023 issued by the respondent No. 2-City Mamlatdar, Asarva purportedly under Section 202 of the Bombay Land Revenue Code, 1879 (for short ‘the Code’).

3.1. The brief facts of the case emerging from the record is that the petitioners, who are legal heirs of one Narendrabhai Dholariya have challenged the impugned notice and previous notices to vacate the land occupied by them which is a Government land.

3.2. It is the case of the petitioners that the father of the petitioners, late Narendrabhai Dholariya, was proprietor of M/s.T.K. Construction engaged in providing construction centering material. Father of the petitioners passed away on 05.05.2021 and the brother-in-law of the late father of the petitioners is looking after the business of M/s.T.K. Construction thereafter.

3.3. It is pointed out in the memo of the petition that the land of Survey No. 826/1 situated at Village:Naroda, Taluka:Asarwa, District:Ahmedabad originally was admeasuring 10 Acres and 34 Gunthas. It is pointed out that one Munir Abdul Hussein Jivabhai purchased half of the land admeasuring 5 Acres and 17 Gunthas out of Survey No. 826/1 by registered sale-deed dated 18.02.1941 and revenue entry No. 2493 was mutated on 09.03.1941 recording the said transaction.

3.4. According to the petitioners, there was a mistake in mentioning the name of Abdul Hussein and therefore, entry No. 4723 was mutated correcting the name as Munir Abdulhusen Jivabhai for the said land. The petitioners have further stated that Munir Abdulhusen passed away on 16.04.1968 and heirship entry No. 7390 was mutated on 23.08.1971 mutating the names of the heirs of late Munir Abdul Hussein Jivabhai.

3.5. It is the case of the petitioners that Jibaben Nathaji, daughter of Detraji, was tenant of the remaining land, admeasuring 5 Acres and 17 Gunthas, of Survey No. 826/1 and name of Jibaben was mutated by entry No. 8763. Jibaben Nathaji passed away on 29.03.1998 and entry No. 10133 was mutated entering the names of her heirs Aataji Bhalaji and Pashaben Bhalaji. According to the petitioner No. 1.1 the proceedings under the provisions of Gujarat Tenancy and Agriculture Lands Act, 1948 (for short ‘the Tenancy Act’) were initiated and part of Survey No. 826/1 to the extend of 5 Acres and 17 Gunthas, which was in the possession of the tenants, was found to be in breach of provisions of the Tenancy Act and therefore, was ordered to be vested in the Government.

3.6. According to the petitioners, Mamlatdar and ALT in Ganot Case No. 31 of 1989, vide order dated 01.04.1991 held Karsanji Thakarshi Sukhadiya as a tenant and fixed the price in his favour and granted the same land to him by fixing the price with restricted tenure and heirs of late Nasim Munir challenged the said order dated 01.04.1991 by preferring Tenancy Appeal No. 29 of 2003 before the Deputy Collector who by order dated 27.07.2004 set aside the order dated 01.04.1991 which has achieved the finality.

3.7. According to the petitioners, one Mansukhbhai Dahyabhai Radadiya informed the late father of the petitioners that the heirs of the original owner i.e. Bashir Munir Ahemadi, late Zahir Munir Ahemadi, Farzaben Munirbhai and legal heirs of Nasim Munir Ahemadi transferred 21701 Sq.Mtrs of the land bearing Survey No. 826/1 paiki in his favour and Development Agreement dated 16.10.2004 was executed by the aforesaid legal heirs of original owner in favour of Mansukhbhai Dahyabhai Radadiya. The petitioners have placed such Development Agreement dated 16.10.2004 on record at Annexure-G.

3.8. Late father of the petitioners purchased a portio