The Collector's role under Section 63AA of the Act is administrative, allowing reapplication after addressing technical deficiencies, as rejection on these grounds is unsustainable.

JUDGMENT :

VAIBHAVI D. NANAVATI, J.

1. Rule returnable forthwith. Mr. Jay Barot, learned AGP waives service of Rule for the respondents.

2. With the consent of the learned counsels for the parties, the matter is taken up for final hearing and disposal.

3. By way of the present petition, petitioner herein has prayed for the following reliefs:

“(A) Your Lordships may be pleased to issue a writ of certiorari or writ in the nature of certiorari or any other appropriate writ, order or direction, to quash and set aside the order dated 15.07.2023 having its number as 2639/19/09/081/2023 in Application No.21909202303518 (Annexure-A);

(B) Your lordships may be pleased to issue a writ of mandamus or any other writ of appropriate nature, order or direction, directing the Respondent No.2 to grant Certificate under Section 63 AA of the Gujarat Tenancy and Agricultural Lands Act, 1948 for land situated at Revenue Survey No.316, Village-Puniyad, Taluka-Dabhoi, Vadodara in the interest of justice;

(C) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to stay further proceedings of order dated 15.07.2023 having its number as 2639/19/09/081/2023 in Application No.21909202303518 (Annexure- A);

(D) Grant such other and further relief(s) as may be deemed fit in the interest of justice and equity.”

4. The brief facts leading to the filing of the present writ petition are that the petitioner purchased the subject land situated at Revenue Survey No.316, Village- Puniyad, Taluka. Dabhoi, Vadodara [for short “the subject land”] for industrial purposes under the provisions of Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948 [“the Act” for short]. The subject land originally belonged to (1) Patel Pushpaben Somabhai (2) Patel Jashodaben Somabhai (3) Patel Ramanbhai Somabhai (4) Patel Ashabhai Somabhai, who sold the subject land to one Niteshbhai Ugarchand Shah by way of registered sale deed dated 04.06.2018 and the effect of the same was mutated in the revenue records by way of Revenue Entry No. 3396 dated 10.08.2018.

4.1. Thereafter,the petitioner purchased the subject land from Niteshbhai Ugarchand Shah by way of registered sale deed dated 12.10.2022 and the effect of the same was mutated in the revenue record by way of Revenue Entry No.3872.

4.2. Pursuant thereto, the petitioner preferred an online application dated 20.05.2023 being Application No. 21909202303518 seeking permission under Section 63AA of the Act for use of the subject land for bona-fide industrial purposes.

4.3. The Collector, Vadodara, by order dated 15.07.2023, rejected the said application on the grounds that negative opinion has been received from the Mamlatdar and Krushipanch, Dabhoi and that, by way of Revenue Entry No.819, dated 17.11.1973, in the name of tenant, Ranjitsinh Sundarsinh, the subject land was given to him under Section 32 -G of the Tenancy Act subject to the terms and conditions. That, the name of Patel Somabhai was entered in the revenue record by Revenue Entry No.896, dated 20.02.1976 and therefore, question of premium has arisen and since the company is holding more than 10 hectares of land, the permission of Commissioner of Industries is required, which is not produced by the petitioner along with the application and in view thereof, the application of the petitioner came to be dismissed.

5. Learned advocate Mr. Bhatia for the petitioner has submitted that the impugned order dated 15.07.2023 is wholly arbitrary, mala-fide, and passed without due application of mind, and therefore, deserves to be quashed and set aside. It is submitted th