ORAL JUDGMENT

1. Heard Mr. Apurva R. Kapadia, learned advocate appearing for the petitioner and Mr. Jayneel Parikh, learned AGP appearing for the respondent – State authorities.

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

“8. In view of the facts stated herein above, the petitioner most respectfully prays that:-

(A) YOUR LORDSHIP may be pleased to admit and allow this petition.

(B) YOUR LORDSHIP may be pleased to issue writ of mandamus or any other writ in the nature of mandamus quashing and setting aside the order dated 04.10.2025 passed by the respondent Collector in Application No.60603202505013 At Annexure-A and thereby further be pleased to direct the respondent Collector to grant NA permission for the land in question i.e. land bearing New Block No.249 (Old Block No.495 [Survey No.567/2)) admeasuring 8580 Sq.Mtrs. of Village Sonarda, Tal. & Dist.: Gandhinagar At Annexure-A.

(C) Pending admission, hearing and final disposal of this petition, YOUR LORDSHIPS may be pleased to direct the respondent Collector to reconsider the application preferred by the petitioner for the land in question i.e. land bearing New Block No.249 (Old Block No.495 [Survey No.567/2]) admeasuring 8580 Sq.Mtrs. of Village Sonarda, Tal. & Dist.: Gandhinagar At Annexure-A.

(D) YOUR LORDSHIP may be pleased to pass such other order and further orders as may be deemed just and proper in the interest of justice.”

3. The petitioner herein is aggrieved by the impugned order passed by the respondent no. 2 - Collector herein dated 04.10.2025 in Application No. 60603202505013 wherein, the petitioners application for grant of Non-Agricultural (N.A.) use permission upon payment of premium under Section 43 of the Bombay Tenancy and Agricultural Land Act, 1948, (for short, “Tenancy Act”) is rejected on the grounds that 1) that the Revenue Entry No. 1690 still reflects the name of the State Government in the record of rights; (2) Revision Application No. 159/2023 is pending before the Hon'ble Gujarat Revenue Tribunal, Ahmedabad; and (3) against the Revenue Entry No.5850, suo motu proceedings being Suo Motu (Gandhinagar) No.8/2025 are pending before the respondent Collector.

4. It is stated that the land bearing New Block No. 249 (Old Block No. 495 [Survey No.567/2] admeasuring 8580 sq. mts, of Village: Sonarda, Taluka: Gandhinagar was owned one Bai Jadi wd/o Danaji Fulaji and on the said land, the father of the petitioner viz., Khodaji Galaji Thakor was tenant before 1950. The revenue entry in respect of the father of the petitioner being tenant over the land in question was mutated by Entry No. 240 on 15.10.1951 in the record of rights duly produced at Annexure-B to the petition.

4.1. Thereafter, Entry No. 922 was mutated on 11.02.1967 in the record of rights recording that father of the petitioner i.e., Khodaji Galaji is Ganotia, proceedings under 32G of the Tenancy Act for fixing the price for purchase of land was closed temporarily since the land owner happened to be widow. Thereafter, the respondent - Mamlatdar and ALT passed an order on 16.01.1988 in Ganot Case No. 5635/1988, by which, the father of the petitioner was declared as Ganotia (protected tenant) and purchase price was fixed at Rs. 474/. It was also ordered that the purchase price was to be paid in one installment within a period of 30 days. In pursuance to the aforesaid order dated 16.01.1988, Entry No. 1618 was mutated in the record of rights duly produced at Annexure-E to the petition.

4.2. Thereafter, since the petitioner could not pay purchase price, proceedings were initiated by the Mamlatdar and ALT in Ganot Case No. 203/1989 and vide order dated 18.07.1989, Mamlatdar held that since the purchase price having not been paid by the Ganotia, the purchase has become ineffective and the proceeding under Section 32P of the Tenancy Act for the disposal of the land was to be made by the respondent Collector. The Entry No. 1690 was mutated in the recor