Administrative authorities are mandated to provide speaking, reasoned orders when denying applications. An authority cannot validate an unreasoned order through post-facto justifications in affidavits; all decisions must comply with the specifically applicable government policies and resolutions.

ORAL JUDGMENT

1. Heard Mr. Yatin Oza, the learned Senior Counsel assisted by

Mr. Vicky B. Mehta, the learned advocate appearing for the

petitioners and Mr. Jayneel Parikh, the learned AGP appearing for

the respondent – State.

2. Rule returnable forthwith. Mr. Jayneel Parikh, the learned

AGP waives service of rule for and on behalf of the respondent –

State.

3. By way of present petition, the petitioners herein have

invoked Article 226 of the Constitution of India being aggrieved

and dissatisfied by the impugned order dated 23.4.2024 passed by

the Collector, Morbi – respondent No.3 whereby the

proposal/demand of the petitioners for grant of the land

admeasuring 3389.63 sq.mtrs., out of land admeasuring 8346.15-

57 sq.mtrs., of Survey No.195/1 of village Mahendranagar, Tal. &

Dist. Morbi for the purpose of establishing petrol pump by

accepting 10% Jantri Value is rejected.

4. The aforesaid has given rise to filing of the present petition

wherein the petitioners have prayed for the following reliefs :-

“(a) The Hon’ble court may be pleased to issue the writ of

Mandamus or any appropriate writ, order or directions by

quashing and setting aside the order dated 23.04.2024 passed by

the Collector rejecting the proposal/demand of the petitioner for

conversion of land by accepting 10% of the Jantri rate and further

be pleased to quash and set aside the communication dated

06.04.2024 issued by Collector, Morbi whereby negative opinion

is send and further be pleased to quash and set aside the report

of the District land assessment committee and be please to

directing the respondent no. 2 herein to pass order sanctioning

for the purpose of change in type of industry petrol pump pertains

to the land admeasuring 8346.15-16 sq. mtrs. Out of the land

allotted for roofing tiles industry land admeasuring 3389.63 sq.

mtr. Your Lordships may also be pleased to direct the respondent

no. 3 to receive 10% amount of jantri price as per the resolution

passed by the State Government. As Annexure A and O.

(b) This Honourable court may be pleased to issue the writ of

Mandamus or any appropriate writ, order or direction in the nature

of Mandamus by directing the respondent no. 1 and 2 to pass an

order in favour of the petitioners for the purpose of change in user

for petrol and diesel selling purpose with regards land

admeasuring 3389.63 sq. mtrs. Out of total 8346.15- 16 sq. mtrs.

Of land of Survey No. 195/1 of Village Mahendranagar, Taluka

and District Morbi taking into consideration the proposal of the

Collector dated 22.02.2021 by accepting 10% of the jantri price of

the land in question; As Annexure-D.

(c) The Hon’ble court may be pleased to issue the writ of

Mandamus or any appropriate writ, order or direction in the nature

of Mandamus by holding that the assessment done by the District

land assessment committee determining the price of the land be

determined taking into consideration the Jantri price instead of

market value.

(d) The Hon’ble court may be pleased to issue the writ of

Mandamus or any appropriate writ, order or direction in the nature

of Mandamus by directing the respondent no. 1 and 2 to pass an

order in favour of the petitioners for the purpose of change in user

for petrol and diesel selling purpose with regards land

admeasuring 3389.63 sq. mtrs. Out of total 8346.15- 16 sq. mtrs.

Of land of Survey No. 195/1 of Village Mahendranagar, Taluka

and District Morbi taking into consideration the earlier order dated

07.04.2016 passed by the State