ORAL JUDGMENT

With the consent of the learned advocates appearing for the respective parties, the captioned petition is taken up for final disposal.

2. Issue Rule, returnable forthwith. Mr J. K. Shah, learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondent no.1.

3. By this petition, inter alia, under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside: (i) order dated 4.9.2009 passed by the Deputy Collector (Land Reforms) in revision application no.31 of 2007; (ii) order dated 30.1.2015 passed by the Gujarat Revenue Tribunal (hereinafter referred to as “Tribunal”) in revision application no.TEN/BA/466/2009 and (iii) order dated 15.6.2021 passed by the Tribunal in review application no.TEN/CA/7/2015. Vide order dated 4.9.2009 of the Deputy Collector (Land Reforms), the order dated 31.7.2006 passed by the Mamlatdar & ALT in tenancy case no.410 of 1999 (remand case no.8 of 2006) has been quashed and set aside, it not being in tune with the provisions of the Gujarat Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as “Act of 1948”). The petitioner, is aggrieved by the said order which, was unsuccessfully challenged before the Tribunal.

4. The facts of the case are:

4.1 Center to the issue, is land bearing survey no.331 admeasuring A-0 35 gunthas; survey no.332 admeasuring A-0 39 gunthas; survey no.333 admeasuring A-1 06 gunthas; survey no.335/1 admeasuring A-2 27 gunthas; survey no.335/2 admeasuring A-1 21 gunthas; survey no.342 admeasuring A-1 12 gunthas; survey no.401/2 admeasuring A-0 22 gunthas; survey no.402 admeasuring A-0 20 gunthas; survey no.403/1 admeasuring A-0 22 gunthas; survey no.403/2 admeasuring A-1 29 gunthas; survey no.404 admeasuring A-1 02 gunthas and survey no.405 admeasuring A-1 13 gunthas of village Vemali, taluka, district Vadodara (hereinafter referred to as “lands in question”).

4.2 According to the petitioner, the lands in question, were purchased by registered sale deed dated 10.6.1982, followed by mutation of entry nos.661 to 668, all dated 11.6.1982. The lands in question, have been assigned respective survey/block nos.234 and 247. It is the case of the petitioner that the Deputy Secretary, Revenue Department, has passed an order dated 6.2.1990 under the provisions of section 20 of the Urban Land (Ceiling and Regulations) Act, 1976 (hereinafter referred to as “Act of 1976”) for agricultural purpose. It is the case of the petitioner that prior to the purchase of the lands in question of village Vemali, the petitioner was holding agricultural land and was engaged in the agricultural activities at village Gotri, taluka Vadodara. The petitioner, had purchased lands bearing block no.681 and block no.685 of village Gotri pursuant to the order dated 4.7.1979 of the Revenue Department whereby, the petitioner was granted permission under section 20 of the Act of 1976 with respect to survey nos.191 and

185 of village Gotri.

4.3 It is also the case of the petitioner that the proceedings under section 84C of the Act of 1948 were initiated against the petitioner with respect to lands of village Gotri alleging breach of section 63 of the Act of 1948. The Tribunal, has passed a judgment dated 13.11.1987 and the revision application filed by the State of Gujarat through the Collector, came to be allowed and the order of the Deputy Collector as well as Mamlatdar & ALT were set aside and were declared nullity. Thereafter, proceedings were initiated under section 84C of the Act of 1948 with respect to lands of village Gotri which led to passing of the order dated 25.5.1992 whereby, the Mamlatdar & ALT, had dropped the notice on the ground that the issue is already crystallized. According to the petitioner, the petitioner, had purchased the lands in question of village Vemali vide registered sale deed in the year 1982. After unreasonable delay of 7 years, the Mamlatdar & ALT initiated proceedings alleging the breach of the