JUDGMENT :

VAIBHAVI D. NANAVATI, J.

1. Heard Mr. Amit V. Thakkar, the learned advocate appearing for Mr. Deshal A. Modi, the learned advocate appearing for the petitioner and Mr. Jayneel Parikh, the learned AGP appearing for the respondent – State.

2. Rule returnable forthwith. Mr. Jayneel Parikh, the learned AGP waives service of rule for and on behalf of the respondent – State.

3. By way of present petition, the petitioner herein has challenged the impugned orders dated 15.05.2025 (Annexure-G) and 06.03.2023 (Annexure-E) passed by the learned District Collector, Kachchh having consigned to be ‘filed’ the petitioner’s application under Section 65 of the Gujarat Land Revenue Code, 1879 (hereinafter referred to as ‘the Code’ for short) seeking N. A. Use Permission. The Application No.30104202300347 was consigned to ‘filed’ on the ground that against the order dated 24.1.2021 passed by the learned Special Secretary Revenue Department (hereinafter referred to as ‘learned SSRD’ for short), a proposal is forwarded to file petition before this Court.

4. The petitioner herein preferred second application being Application No.30104202501241 dated 15.5.2025 wherein the said application is consigned to ‘filed’ on the ground that with regard to the Entry No.1062 of the petitioner’s predecessor-in-title and his status as an agriculturist proceeding is pending. The said entry is produced at Annexure-B. The said entry has also attained finality.

5. Mr. Amit V. Thakkar, the learned advocate appearing for petitioner submits that the impugned orders are contrary to the record wherein Arvind Kirtilal Vora is the vendor. The petitioner purchased the land in question by Registered Sale Deed dated 6.3.2020 for which Revenue Entry No.5180 dated 6.3.2020 is mutated and certified on 6.6.2020.

5.1 It is further submitted that the petitioner gathered information and came to know that against one Bakulbhai Kirtibhai Vora, suo motu proceedings Case No.174/2018 with regard to some other land bearing Survey No.56 concerning his Entry No.4538 dated 13.6.2017 was initiated. The said entry was rejected by order dated 30.10.2021 which gave rise to Revision Application No.161 of 2021 before the learned SSRD by order dated 24.2.2022 and the State Government was proposing to file petition. Arvind Kirtilal Vora appears to be brother of Bakulbhai Kirtibhai Vora, the person affected as per the order dated 30.10.2021 passed in Case No.174 of 2018.

5.2 It is also learnt that the State Government has filed the Special Civil Application No.11719 of 2024. The petitoner herein is not in any way concerned with the said proceedings. The petitioner herein has purchased the land in question by way of a registered sale deed wherein the Entry No.5180 dated 6.3.2020 is mutated and certified on 6.6.2020. The status of the land in question is an agricultural land and the petitioner hrein also holds agricultural land. The petitioner herein is also a agriculturist account holder in the joint name being Account No.111 to 7/12 8-A of Survey No.296, Mouje : Bakrol, Badarabad, Taluka : Vejalpur, Dist. Ahmedabad.

5.3 Placing reliance on the aforesaid submissions, it is submitted that the matter be remanded back to the learned Collector to decide afresh.

6. Mr. Jayneel Parikh, the learned AGP submits that tenancy proceedings are initiated qua vendor’s family i.e. Arvind Kirtilal Vora. It is submitted that for pendency of such proceedings against the petitioner vendor and in view thereof this Court may not interfere in the impugned orders passed by the responent No.2.

7. Having heard the learned advocates appearing for the respective parties, it emerges from the record that by the impugned orders dated 15.05.2025 (Annexure-G) and 06.03.2023 (Annexure-E) passed by the learned District Collector, Kachchh the petitioner’s applications for N. A. Use Permission under Section 65 of the Code are consigned to be ‘filed’ on the grounds distinct from Section 65 of the Code wherein the petitioner’s applications