The Collector's power under Section 63AA of the Tenancy Act is administrative. Rejections based on technical deficiencies rather than merits do not preclude the filing of a fresh application and may constitute an exercise of power beyond the statutory jurisdiction.

ORAL JUDGMENT

1. RULE. Rule returnable forthwith. Mr. Jwalant Vora, learned AGP waives service of Rule for the respondents.

2. By way of the present petition, petitioner herein has prayed for the following reliefs:

“(7. For the reasons stated hereinabove, and such other as may be advanced at the time of hearing of this Petition, the Petitioner above named, most respectfully prays that:

(A) Your Lordships may be pleased to issue a writ of certiorari or writ in the nature of certiorari or any other appropriate writ, order or direction, to quash and set aside the order dated 07.07.2024 having its number as 817/19/02/090/2024 in Application No.21902202401755 (Annexure-A);

(B) Your lordships may be pleased to issue a writ of mandamus or any other writ of appropriate nature, order or direction, directing the Respondent No.2 to grant Certificate under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948 for land situated at Revenue Survey No.65, Village-Fazalpur (Ankhi), Taluka- Vadodara, Vadodara in the interest of justice;

(C) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to stay further proceedings of order dated 07.07.2024 having number its as 817/19/02/090/2024 in Application No.21902202401755 (Annexure-A);

(D) Grant such other and further relief(s) as may be deemed fit in the interest of justice and equity.”

3. The brief facts leading to the filing of the present writ petition are that the petitioner purchased the subject land situated at Revenue Survey No.65, Village: Fazalpur (Ankhi), Taluka: Vadodara, Vadodara (herein-after referred to as "the subject land") for industrial purposes under the provisions of Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948. The subject land was originally running in the name of one Maijibhai Manorbhai who sold the subject land to Manibhai Motibhai Patel and the effect of the same was mutated in the Revenue Records by way of Revenue Entry No.550. Subsequently, Manibhai Motibhai Patel bequested the subject land to his son Patel Pravinbhai Manibhai and the effect of the same was reflected in the revenue records by way of Revenue Entry No.573. Patel Pravinbhai Manibhai sold the subject land to one Kanubhai Bhogilal Desai by way of registered sale deed and the effect of the same was given in the Revenue Records by way of Revenue Entry No.681. Thereafter, based on the family pedigree of Kanubhai Bhogilal Desai the names of his legal heirs were also mutated in the Revenue Records as occupants of the subject land and the effect of the same was reflected in the Revenue Records by way of Revenue Entry No.729. Kanubhai Bhogilal Desai and his legal heirs sold the subject land to one Mahesh Lavjibhai Rathod by way of Registered Sale deed and the effect of the same was mutated in the Revenue Records by way of Revenue Entry No.836. Thereafter, Mahesh Lavjibhai Rathod sold the subject land to one Pradhyuman Nirbhayram Dave and Vibhaben Pradhyuman Dave by way of registered sale deed and the effect of the same was mutated in the Revenue Records by way of Revenue Entry No.838. Upon the death of Pradhyuman Nirbhauram Dave on 04.09.2006 his name was removed from the revenue record and the effect of the same was given in the revenue records by