ORDER :

[1] By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner has called in question the legality and validity of the order dated 24th January 2023 passed by the Special Secretary, Revenue Department (Appeals) as well as the order dated 26th April 2019 passed by the Assistant Collector, Rajkot (Rural), by which permission under Section 54 read with Rule 18 of the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949 (for short, “the Ordinance”) came to be granted.

[2] The case of the petitioner can be stated as under:

[2.1] The land bearing survey No.251 (old survey No.78) along with some other lands bearing survey Nos.100, 142, 116, 155, 78 and 61 paiki of village : Khandheri, Taluka : Padadhari, District : Rajkot were purchased by the father of the petitioner namely Ahir Deshalbhai Jalu and one Ahir Arjan Desa on 4th December 1961.

[2.2] On 27th December 1961, Deshalbhai expired leaving behind his widow namely Devuben, sons namely Naranbhai and Karshanbhai and daughter namely Minbai. However, by way of mutation of entry No.79 dated 17th July 1967, the names of Naranbhai and Karshanbhai were posted in the record of