IMPORTANT POINT
The status of the predecessor-in-title as an agriculturist is irrelevant to the N.A. permission application, and the relevant consideration is only holding and occupancy of the land.

JUDGMENT :

1. With the consent of learned advocates appearing for the respective parties, the matter is taken up for final disposal today itself. Rule. Ms. Nirali Sarda, learned Assistant Government Pleader waives service of rule on behalf of respondents.

2. By way of this petition, the petitioner has challenged the order dated 13.4.2023 passed by the respondent No.3 - Resident Additional Collector, Mahisagar whereby the petitioner's application under Section 65 of the Gujarat Land Revenue Code seeking N.A. permission in respect of the land bearing Survey / Block No.103 (Old No.34/1) of village Moti Charel, Taluka Lunawada, Dist. Mahisagar was rejected on the ground that one Rana Sandipkumar Ishwarlal was whether an agriculturist or not could not be verified.

3. It is the case of the petitioner that land bearing Survey No.103 (Old Survey No.34/1) admeasuring 00 - 31 - 36 Hectare - RA - Sq. Mts. of land situated at village Moti Charel, Tal. Lunawada, Dist. Mahisagar was owned and occupied by one Shakalbhai Shamjibhai. Upon death of Shakalbhai Shamjibhai, his legal heir, namely, Natha Shakal and Prabhudas Shakalbhai were entered into the revenue record for which mutation Entry No.239 dated 22.9.1963 was mutated and the same was certified. Thereafter, upon re-survey, new Survey Number was given in respect of the land in question for which revenue Entry No.251 dated 12.10.1964 was mutated.

3.1 Thereafter, a part of land admeasuring 0 - 18 - 22 Sq. Mts. which had come to the share of Prabhudas was sold to one Solanki Nanuben Vajabhai in the year 2007 and thereafter, upon death of Prabhudas Shakalbhai on 9.1.2011, names of his legal heirs, namely, Patel Rameshbhai Prabhudas, Patel Shantilal Prabhudas, Patel Surekhaben Hasmukhbhai and Patel Milankumar Hasmukhbhai were recorded in the revenue record vide Entry No.1037 dated 17.5.2012. Thereafter, the said legal heirs have sold remaining land admeasuring 0 - 13 - 14 Hecater - RA - Sq. Mts. to Rana Sandipkumar Ishwarlal by way of registered Sale Deed dated 25.5.2015 and the said transaction was recorded in Revenue Entry No.1231 dated 26.5.2015 and the said entry was certified. Thereafter, another portion of land which was held by Nanuben Vajabhai Solanki was sold admeasuring 0 - 18 - 22 Hectare - RA - Sq. Mts. to Rana Sandipkumar Ishwarlal by way of Registered Sale Deed dated 12.6.2016 and the same was recorded vide Entry No.1309 dated 15.2.2016 and the same was certified.

3.2 Thereafter, Rana Sandipkumar Ishwarlal sold the subject land to Rana Naginkumar Bhikhalal by registered Sale Deed dated 24.6.2020 and Entry No.1741 was mutated which was also later on certified. Thereafter, Rana Naginkumar Bhikhalal sold the subject land to the petitioner by registered Sale Deed dated 12.12.2022 and Entry No.1900 was mutated and later on came to be certified.

3.3 Upon becoming owner of the land in question, the petitioner applied for N.A. permission under Section 65 of the Gujarat Land Revenue Code vide application dated 23.2.2023. However, the same was rejected by the respondent No.3 vide order dated 13.4.2023 on the ground that Additional Resident Collector could not ascertain as to whether Rana Sandipkumar Ishwarlal who is the predecessor-in-title of the predecessor of the petitioner was an agriculturist or not.

3.4 Hence the present petition.

4. Mr. Dhruv D. Desai, learned advocate for the petitioner submitted that the consideration on which the petitioner's application has not been considered is absolutely irrelevant. He further submitted that Rana Sandipkumar Ishwarlal purchased two parcels of the land in question in the year 2015 and 2016 and thereafter, he sold the said land to Rana Naginkumar Bhikhalal in the year 2020 and thereafter, in the year 2022, the petitioner purchased the land by way of Registered Sale Deed from Rana Naginkumar Bhikhalal. He further submitted that for a period of four to five years, during which the land had remained in the name of Rana Sandipkumar Ishwarlal, his