Once land is validly converted to non-agricultural use, agricultural tenancy laws cease to apply. Furthermore, revenue authorities must exercise revisional powers within a reasonable period and ensure all affected stakeholders receive due notice in accordance with the principles of natural justice.

JUDGMENT :

DIVYESH A. JOSHI, J.

1. By way of preferring present petition under Articles 226 and 227 of the Constitution of India, petitioner has sought for the following main relief/s:

“(A) Your Lordship may be pleased to grant writ of mandamus or any writ in the nature of mandamus or any other appropriate writ order or direction quashing and setting aside the order dated 07.04.2012 passed in Sankalan No. Appeal / Revision / TEN 110 / Case no. 4/2012 qua land bearing 197 paiki/2 an non-agricultural land passed by the Respondent no.2 at Annexure A;

(B) Your Lordship may be pleased to issue writ of mandamus or any writ in the nature of mandamus or any other appropriate writ order or direction to restrain the Respondent no.4 or his subordinates from certifying revenue entry no.4842 dated 09.04.2012 qua the land of present petitioner;

(C) Your Lordship may be pleased to direct the respondent no.2 and/or Respondent no. 4 or their subordinates to correct the revenue entries subsequently & consequently and to certify all the subsequent & consequent entries pertaining to the said land as the said land being non-agricultural land;”

2. Heard learned advocate Mr. Saurin Mehta for the petitioner and learned AGP Mr. Jay Trivedi for the respondent - State and learned advocate Mr. B. Y. Mankad for respondent Nos.3.1 and 3.2.

3. Learned advocate Mr. Saurin Mehta for the petitioner has referred the facts of the case and submitted that petitioner herein had purchased non-agricultural residential plot Nos.1 to 9, 14 to 17, 18A, 18B, 19A, 19B, 20 to 52, 53A, 53B, 54 to 59 and 10 to 13 (total 62 plots) from respondent No.3 and one Mr. Suresh Nathuram Goyal by way of executing a registered sale deed on 07.08.2006. Pursuant to the execution of registered sale deed, entry No.NAA-931 has been mutated subsequenlty certified on 18.09.2006. He submits that in fact initially the land was agricultural land, which was converted from agricultural use to NA use by the erstwhile owners. He submits that in fact the original property owners i.e. respondent No.3 and one Mr. Suresh Nathuram Goyal had purchased the said property from erstwhile owner by way of executing a registered sale deed on 14.08.1997, pursuant to which, their names had been mutated in the revenue record. He further submits that respondent No.3 and Mr. Suresh Nathuram Goyal were holding status of agriculturist at the time of purchasing the aforesaid parcel of land. Pursuant to the said transaction of purchase, an entry came to be mutated in the revenue record and subsequently it was certified. He submits that thereafter respondent No.3 and Mr. Suresh Nathuram Goyal had preferred an application to the office of District Development Officer for conversion of said land from agricultural use to non-agricultural use. Therefore, the land was converted from agricultural use to NA use and order of NA came to be passed by the DDO on 16.02.2006, pursuant to which, an entry had been mutated in the revenue record. He submits that thereafter the petitioner purchased the plots in question in the year 2006 by executing registered sale deed and paying full amount of consideration to the seller and in the year 2007, petitioner sold 26 plots out of the aforesaid 62 plots.

4. Learned advocate Mr. Mehta further submits that in the year 2010, the office of the District Collector, Kachchh issued a Notification, whereby, all the subordinate officers of Kachchh District have been directed to carry out an inquiry and identified th