ORAL JUDGMENT

1. By filing this petition, the petitioners have prayed to quash and set aside order dated 14th May 2012 passed by District Collector, Rajkot, in Case No.Land-Revision 211-Case No.2/2010-11. During the pendency of the petition, amendment is carried out and it is prayed to direct the respondent authorities to cancel Entry No.4630 dated 6.2.2015 for the land in question and all consequential mutation in the revenue record made thereafter.

2. The brief facts of the case of the petitioners are that on 10th June 1970 the petitioner was granted land bearing Survey No.729 paiki 16 Acres of Villiage:Mitana, Taluka:Tankara, District: Rajkot on new tenure basis for the purpose of cultivation by the Deputy Collector-Morbi, the respondent no.3 herein. It is respectfully stated and submitted that thereafter sanad was also granted on 20th June, 1970. It is stated that the petitioner was cultivating the land in question and he has never committed any breach of condition of the grant of the land in question. It is stated that even in revenue record, the name of the petitioner was mutated.It is stated that the respondent no.3, on 7th June, 2006 issued a Show Cause Notice to the petitioner for alleged breach of the condition of grant of the land in question by the petitioner. It is stated therein that the petitioner is not complying with the terms of Sanad and is not doing agricultural activities over the land in question. The petitioner gave detailed reply dated 20th June, 2006 to the aforesaid Show Cause Notice.

2.1 It is also stated that the possession of the land in question has always remained with the petitioner and the petitioner is the owner of the land in question and, in fact, doing agricultural activities. It is stated that Panch Rojkam was also produced before the respondent no.3, which clearly reflects the possession of the land in question has remained with the petitioner only. it is also stated that the Mamlatdar OfÏce gave detailed Report to the Deputy Collector - the respondent no.3 in the said proceedings. After considering all the aforesaid facts, the Deputy Collector-Morbi, the respondent no.3 herein passed an order dated 05" April, 2007 inter alia withdrawing the said Show Cause Notice.

2.2 It is further stated that thereafter no further action was taken for considerable time. In the meantime, the petitioner gave an application for conversion of the land into old tenure land. It is pertinent to note here that as per the policy of the Government, the petitioner is entitled to get the land converted into old tenure land, as there was nothing wrong and/or illegal on the part of the petitioner in making application for conversion of the land into old tenure land.

2.3 It is stated that District Collector-Rajkot, respondent no.2, on 3rd October, 2007 also asked for the Report of the Deputy Collector as to why the revenue entry in favor of the petitioner was mutated on 27th November, 1992 and allotment was made on 10th June, 2007. It is pertinent to note that, in fact, it is the duty of the respondent authorities to mutate the order of allotment in revenue record. It is stated that only because the revenue entry of the order of allotment of the land is mutated as far back in the year 1992, it cannot be said that there is any fault on the part of the petitioner. It is also stated that even otherwise the revenue entry are only for fiscal purposes and do not affect any right, title or interest of the petitioner. It is stated that respondent no.2 only on the aforesaid premises of revenue entry being mutated after 22 years in favor of the petitioner issued Show Cause Notice to the petitioner for taking the order of the Deputy Collector into suo motu revision and the said Show Cause Notice was issued on 3rd January, 2011, i.e. after delay of more than three and a half years. It is also stated that the petitioner lodged objections to the aforesaid revision proceedings. In the meantime, in the proceedings for conversion of the