IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14161 of 2018 With R/SPECIAL CIVIL APPLICATION NO. 14162 of 2018 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE BHARGAV D. KARIA ==========================================================

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MAGANBHAI BHIKHABHAI SUDANI & ORS.

Versus SPECIAL SECRETARY ( APPEALS ) & ORS.

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Appearance:

MR VIMAL A PUROHIT(5049) for the Petitioner(s) No. 1,2,3,4,5,6,7 MR. MRUGESH A BAROT(6709) for the Petitioner(s) No. 1,2,7,8 for the Respondent(s) No. 6.1,6.2,6.3 DECEASED LITIGANT for the Respondent(s) No. 6 MR HS MUNSHAW(495) for the Respondent(s) No. 3 NOTICE SERVED BY DS for the Respondent(s) No. 1,2,4,5 ==========================================================

CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA Date : 01/05/2023

ORAL JUDGMENT

1. Heard learned advocate Mr. Vimal Purohit for the petitioners and learned Assistant Government Pleader Mr. Krutik Parikh for the respondent-State and learned advocate Mr. Devang Bhatt for learned advocate Mr. H.S.Munshaw for respondent No.3.

2. Rule returnable forthwith. Learned AGP waives service of notice of rule on behalf of the respondent-State. Learned advocate Mr. Devang Bhatt waives service of notice of rule on behalf of respondent No.3.

3. As the facts of both these petitions are identical, the same are being disposed of by this common order.

4. By these petitions under Article 227 of the Constitution of India, the petitioners have challenged the order dated 27.07.2018 passed in Revision Application No. 50/2018 and order dated 26.07.2018 in Revision Application No. 49 of 2018 passed by the Special Secretary, Revenue Department (Appeal) [for short ‘SSRD’].

5. The SSRD has confirmed the order passed by the Collector in Revision/Appeal Case No. 5/2017 dated 07.02.2018.

5.1 By order dated 07.02.2018, the Collector cancelled the Entry Nos. 8272, 8471, 9222 as well as 9280 mutated in the revenue record.

5.2 The land bearing Survey No. 611 admeasuring 25091 sq. mtrs. situated at Village:-Kosambdi, Taluka:- Ankleshwar, District:- Bharuch was running in the name of Hasmukbhai Ramanbhai Patel.

5.3 In 2007, the original owner of the land made an application before the District Development Officer, Bharuch for conversion of the land in question from old tenure to non-agriculture use for residential purpose and the permission was granted vide order dated 18.10.2007 and Entry No. 8272 was mutated in revenue record which was certified by the competent authority on 17.10.2011.

5.4 The petitioners, after verification of the entry in the revenue record, purchased the land in question by registered sale deed dated 28.03.2012 for a sale consideration of Rs. 2,00,75,000/- and Entry No. 8481 was mutated in the revenue record and was certified by competent authority on

27.06.2012.

5.5 The petitioners thereafter made an application for amalgamation of the land in 2015 and deposited the requisite amount. The Bharuch Ankleshwar Urban Development Authority granted permission for amalgamation by order dated

26.06.2015.

5.6 The petitioners thereafter also preferred application for utilizing the land in question for industrial purpose before Bharuch Ankleshwar Urban Development Authority for sanctioning revised plan. The revised lay out plan was sanctioned by the said authority on

02.04.2015.

5.7 The petitioners thereafter preferred application before the District Collector under section 65A of the Bombay Land Revenue Code [‘the Code’ for short] for change of use from residential to industrial purpose.

5.8 The District Collec