The Deputy Collector's notice issued beyond the one-year limit for calling records under the Tenancy Act was void, emphasizing the necessity of application of mind in such proceedings.

JUDGMENT :

BIREN VAISHNAV, J.

1. These appeals, under Clause 15 of the Letters Patent, have been filed by the original petitioner, who is common in both the petitions, on being aggrieved by the orders of the learned Single Judge in the respective petitions by which the petitions were dismissed.

2. For the purposes of this order, we shall consider the facts in Letters Patent Appeal No. 813 of 2020 which is filed challenging the order dated 28.09.2020 passed by the learned Single Judge in Special Civil Application No. 8617 of 2020. In Special Civil Application No. 8617 of 2020 filed by the petitioner – appellant herein, the petitioner – appellant made the following prayers :

“8. (A) YOUR LORDSHIPS be pleased to issue appropriate writ, order or direction, quashing and setting aside the impugned notice dated 6.6.2020 (Annexure-A) issued by respondent no.3-Deputy Collector, as being illegal and bad in law;

(B) YOUR LORDSHIPS be pleased to issue appropriate writ, order or direction, declaring that the NA permission in respect of lands bearing Survey No.56, Block No.93 admeasuring 1 Hectare-25 Gunthas 30 Aare and Survey No. 63, Block No.102 admeasuring 1 Hectare 72 Gunthas 7 Aare situated at Village Datpura, Taluka-Vaghodiya, District- Vadodarais deemed to have been granted w.e.f. 5.7.2018 in view of settled principles of law, in the interest of justice;”

2.2 The subject matter of the present appeals are lands bearing Survey No. 56, Block No. 93 admeasuring 1 Hectare – 25 Gunthas – 30 Are and Survey No. 63, Block No. 102 admeasuring 1 Hectare – 72 Gunthas - 7 Are situated at village Datpura, Ta. Vaghodia, Dist. Vadodara. The lands were originally owned by one Dhirajlal Dhanilal Jaiswal whose name came to be mutated in the revenue records in the year 1991 and one Ajaykumar Ramanlal Jaiswal whose name came to be mutated in the year 1980. Both these persons sold the lands to Hemang Bhanuprasad Bhatt in the years 2006 and 2008 and since then the name of Hemang Bhanuprasad was appearing in the Records of Rights.

2.3 Since the petitioner – appellant intended to purchase the said land in question on 12.09.2016 and 14.02.2017 respectively, agreements to sell as well as registered sale deeds were executed by Mr. Hemang Bhatt in favour of the appellant. On 05.04.2018, the appellant applied for N.A. permission with respect to the lands to the Collector under Section 65 of the Gujarat Land Revenue Code. It is the case of the appellant that it is an admitted fact that by a communication dated 12.04.2018 the application for N.A. permission was received on 05.04.2018.

2.4 On 04.06.2018, notice under the provisions of Sections 63, 63AB read with Section 84C of the Bombay Tenancy and Agricultural Lands Act (hereinafter referred to as ‘the Tenancy Act’) was issued by the Mamlatdar & ALT with respect to the lands. Tenancy Case No. 14 of 2018 was registered. On 18.06.2018, it is the case of the appellant that he appeared and since he wanted to develop the land in question, the appellant voluntarily declared before the Mamlatdar & ALT that he is ready and willing to pay 10% amount of the prevailing jantri rate as premium amounting to Rs. 5,94,740/- determined by the Collector as per the provisions of Section 63AB of the Tenancy Act.

2.5 On 26.06.2018, the appellant deposited the premium amount and a challan was issued accordingly. On 10.07.2018, N.A permission was rejected by the District Development Officer. On 16.07.2018, based on the deposit of premium, the Mamlatdar & ALT passed an order disposing of the Tenancy Case and dropped the notice issued by him under Section 63 read with Section 84C of the Tenancy Act. On 29.08.2018, the appellant requested that his N.A. permission be kept in abeyance in light of the pending revision proceedings. On 06.06.2020, after a period of 23 months from the date of the order dated 16.07.2018 passed by the Mamlatdar & ALT in Tenancy Case No. 14 of 2018, the Deputy Collector issued notice under Section 76A of the Tenancy Act to