ORAL ORDER

[1.0] Rule returnable forthwith. Learned Assistant Government Pleader Mr. Dhawan Jayswal waives service of notice of Rule on behalf of the respondent-State.

[2.0] With the consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing.

[3.0] By way of the present writ petition, the petitioners, inter alia, challenge the legality, validity and propriety of the common order dated 16.02.2018 passed in Revision Application No. MVV/ JMN/BVN/13/2015 to 16/2015 passed by the respondent No. 1/2,inasmuch as it upholds the order dated 05.01.2015 passed by the Collector, Bhavnagar, though all the findings are recorded in favour of the petitioners.

[4.0] At the outset, learned advocate Mr. Hriday Buch appearing for the petitioners has submitted that the impugned order dated 16.02.2018 passed by the Special Secretary, Revenue Department, Ahmedabad (S.S.R.D.) is self contradictory as by passing the final order, in paragraph No. 1, the S.S.R.D. has maintained the order dated 05.01.2015 passed by the respondent- Collector directing forfeiting the property of the petitioners, whereas, in the second part, the directions are issued of remanding the matter and it is also observed that the applicants may approach the Collector, Bhavnagar with their proposals of paying the premium. He has submitted that the S.S.R.D. has in fact, held in favour of the petitioners and such directions of maintaining the order of the Collector, Bhavnagar, which was passed on 05.01.2015 was uncalled for. Thus, he has submitted that the petitioners are ready and willing to pay the premium and accordingly they had also approached the Collector, Bhavanagar with their proposals.

[5.0] Learned Assistant Government Pleader Mr. Jayswal has submitted that the S.S.R.D. has maintained the order of the Collector, Bhavnagar dated 05.01.2015, however, simultaneously, the directions are issued for remanding the matter so that the petitioners can approach the concerned authorities with their proposals for the payment of the premium. Thus, he has submitted that no interference is required with the order passed by the S.S.R.D.

[6.0] This Court has perused the impugned order dated 05.01.2015 passed by the Collector, Bhavnagar as well as the order dated 16.02.2018 passed by the S.S.R.D. The facts of the order reflects that the dispute relates back to the year 1948 with regard to the allotment of the land. The auction was carried out by the Government in the year 1959 and the aforesaid fact has weighted upon the Collector, Bhavnagar by observing that the rights of the Government had been affected in the year 1959 since the auction undertaken by the Corporation was without the authority of law and hence, the subsequent transaction also suffer from the breach. The fact suggests that thereafter much water has flown and the concerned land has changed many hands. Such facts are incorporated as under:-

a) The Saurashtra Electrical and Metal Industries Private Limited commenced its construction on the factory standing on the land inquestion. It came out with two wonderful productions-Seemolite and Seemilite and acquired trademarks. The construction and the business went on in full swing.

b) It appears that on 05.09.1988, the said Saurashtra Electrical and Metal Industries Private Limited assigned its right and properties to M/s Ralco Metal Industries Limited. The said Bralco Metal Industries Limited continued its industries activities on the land in question and the factory premises.

c) On 24.05.1995, the said Bralco Metal Industries Lmited executed power in favour of Shri Arvindbhai Ramjibhai Patel conferring right to be under his full management and direction. He was also given power to seel, transfer or assign the land in question and factory premises.

[7.0] The S.S.R.D. has noted the aforesaid facts and infact has accepted the proposal of the petitioners to pay the premium. While, issuing the directions vide order dated 16.02.2018, the S.S.R.D