ORAL JUDGMENT

1. Draft Amendment dated 10.01.2026 tendered by Mr. Sunil Joshi, learned advocate appearing for the petitioners is allowed and the same is directed to be carried-out forthwith.

2. Issue Rule, returnable forthwith. Mr. Jayneel Parikh, learned Assistant Government Pleader, Mr. Tejas P. Satta, learned advocate and Mr. Rashesh H. Parikh, learned advocate waives service of Rule for and on behalf of the respondent nos. 1 and 2, respondent no.3 and 4 respectively. With the consent of the learned advocates appearing for the respective parties, the matter is taken-up for final hearing.

3. Heard Mr. Sunil S. Joshi, learned advocate appearing for the petitioners, Mr. Jayneel Parikh, learned AGP, Mr. Rashesh H. Parikh, learned advocate and Mr. Tejas P. Satta, learned advocate appearing for the respective parties.

4. By way of the present Petition, petitioners herein are aggrieved and dissatisfied with the impugned order dated 10.10.2024 passed by the respondent no.1 herein bearing Application No. 30717202407812 (Annexure-A), wherein, the petitioners’ application under Section 65 of the Gujarat Land Revenue Code (for short ‘the Code’) came to be ‘filed’, on the ground of pendency of RCS No. 313 of 2024, RCS No. 44 of 2010 and SPCS No. 223 of 2024. Further it is stated that the entry no. 1508 regarding registered sale deed no. 5617 of 2003 is cancelled / quashed, qua the land in question, is not clear. The aforesaid has given rise to the filing of the present petition, with the following reliefs:

“19. Under the aforesaid premise, the petitioners most respectfully pray to Your Lordships that:
(A) Be pleased to issue a writ of certiorari or in the nature of certiorari or any other appropriate writ, order or direction, for quashing and setting the order dated 10.10.2024 passed by respondent No.1 herein bearing Application No.30717202407812;
(B) Pending admission hearing and final disposal of this petition, be pleased to direct respondent No.1 herein to reconsider the case of the petitioners herein for N.A. use of the said land in view of the law laid down by this Hon'ble Court in the case of Tushar Ghelani (supra) reported in 2019(4) GLR 2578;
(C) Be pleased to grant any other and further relief/s in the facts and circumstances of the case.”

5.1. Mr. Joshi, learned advocate submits that, the impugned order passed by the respondent no.1 is contrary to the powers provided to the Collector to be exercised under Section 65 of the Gujarat Land Revenue Code to grant permission for N.A. use is duly considered in the case of Tusharbhai Harjibhai Ghelani v/s. State of Gujarat reported in 2019 (4) GLR 2578, wherein, it is held that the only consideration for grant of N.A. use permission under Section 65 of the Gujarat Land Revenue Code is whether the name of the applicant seeking such permission is reflected in the column of occupier in the Village Form No.7 of the land in respect of which such application is made. It is submitted that, admittedly, the petitioners herein are the occupants of the said land and names of the petitioners are reflected in Village Form No.7 of the said land, copy of the Village Form No.7 is duly produced at Annexure-F.

5.2. It is submitted that, merely because the Civil Suits are pending, the Collector ought not to have rejected the application dated 18.08.2024 filed by the petitioners for grant of N.A. permission. It is further submitted that, no prohibitory orders either interim or final, are passed by the learned Civil Court, wherein, the Civil Suits are pending adjudication.

5.3. Placing reliance on the aforesaid submissions, it is submitted that the present Petition may kindly be allowed, in exercising of the powers under Article-226 of the Constitution of India.

6.1. Mr. Rashesh Parikh, learned advocate appearing for the respondent no.4 relies on the definition of the occupant as provided under Section 3(16) of the Code and submits that the petitioners herein are not legal occupan