ORAL ORDER

1. Since the issue involved in this matter is in very narrow compass, the matter is taken up for final disposal at admission stage.

2. By filing this petition, the petitioners have prayed to extend the time period of permission granted under Section 63 of the Gujarat Tenancy and Agricultural Lands Act, 1948 and grant permission for non-agricultural use for the lands bearing Block No.141, 142, 143, 147, 155, 160/b, 162 and 165 of Mouje Jagatpur, Taluka Ghatlodiya, District-Ahmedabad in a time bound manner.

3. Mr.R.S.Sanjanwala, learned Senior Advocate for the petitioner has submitted that the lands in question were originally held by permanent tenants-deemed purchasers, who were declared permanent tenants by Mamlatdar vide order dated 23.11.1992. He further submitted that permission under Section 63 of the Tenancy Act was obtained for each of the aforesaid land in the year 2000-01 and, thereafter, the petitioners purchased said lands. Thereafter, the petitioners applied for Non-Agricultural Use of the land in question under Section 65 of the Bombay Land Revenue Code, which was not granted in 2008. He submitted that on 3.11.2012 permission under Section 63 of the Tenancy Act was extended for a period of one year. Thereafter, in second and third round also, permission for Non-Agricultural use permission under Section 65 of the Bombay Land Revenue Code was not granted, which action was challenged by the petitioners. Thereafter, the petitioners again applied for extension of Section 63 permission, which was rejected on 27.12.2014. Thereafter, vide letter dated 27.1.2017, Deputy Collector, Ahmedabad informed the petitioner that order dated 26.2.2007 of Gujarat Revenue Tribunal would be challenged by filing petition before this Court and, accordingly, Special Civil Application No.10589 of 2017 came to be filed, which was dismissed on 23.4.2018 by this Court. He further submitted that pursuant to dismissal of the aforesaid petition of the respondents herein, the petitioners once again made application dated 16.3.2020 for extension of Section 63 permission, which has remained unprocessed for a long time. Therefore, on 10.7.2020, again the petitioners addressed a letter on this issue. In view of all these, it is submitted that there is no justifiable reason for delay in processing the applications of the petitioners and since the petitioners have acted upon permission under Section 63 granted in the year 2000-01, the petitioners have invested huge amount of money. Therefore, he prayed that necessary directions may be issued to the concerned authorities to decide the applications of the petitioners and it is also prayed to direct the authority to decide such applications within time bound manner.

3. Mr.Kanara, learned AGP appearing for the respondent- State has vehemently submitted that in view of the above fact situation, this Court may pass appropriate order.

4. Having considered the submissions made by both the sides and considering the material placed on record, it is clear that the petitioners herein had purchased the lands in question in 2000-01 and at that time, permission Section 63 of the Tenancy Act was in existence, however, thereafter, the revenue authorities did not extend the permission under Section 63 of the Tenancy Act till date inspite of dismissal of their petition filed before this Court. At this stage, it is pertinent to note that earlier Special Civil Application No.10589 of 2017 was filed against order dated 26.2.2007 passed by the Gujarat Revenue Tribunal in Revision Application No.TEN/BA/260 of 2001 and it was stated that the land in question is “New Tenure” land and the respondents therein may be directed to deposit the amount of premium. After referring to various decisions of the Supreme Court on the point of delay, this Court has rejected the petition only on the ground of delay. Consequent to rejection of the petition filed by the State, application for NA use permission made by the petitioner under S