JUDGMENT :

DIVYESH A. JOSHI, J.

1. Rule. Learned AGP Mr. Jay Trivedi waives service of notice of Rule for the respondents.

2. By way of preferring present petition under Article 226 of the Constitution of India, the petitioners have sought for the following main relief:

“(A) to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus, directing the respondents to accept the premium considering the value of land at the rate of Rs.2000/- as decided on 18.09.2003 or at the rate of Rs.14,500/- as decided on 29.03.2007 and to convert the land bearing Block No.95 (Old Revenue Survey No.77+7/2 and Final Plot No.114 of village Althan, Taluka Choryasi, District Surat from new tenure to old tenure on the basis of the application dated 07.10.2002 (registered on 21.10.2002) and review/reminder application dated 11.11.2003.

(B) to issue a writ of mandamus or any other appropriate writ, order or direction, declaring that the delay caused in deciding an application for conversion of land from new tenure to old tenure is due to negligence or due to administrative reasons on the part of the respondents and that would not entitle the respondents to charge the premium at higher rate of Jantri Price”

3. The facts of the case of the petitioners, as mentioned in the petition, can be summarized in a nutshell as under:

3.1. The petitioners are the joint owners of ancestral property being land bearing Block No.95 admeasuring 11432 sq. mtrs. of village Althan, which has been sub-divided into three separate Final Plots i.e. Final Plot No.114 admeasuring 4272 sq. mtrs., Final Plot Nos. 35A and 35B admeasuring 962 sq. mtrs. and 1133 sq. mtrs., respectively. The issue involved in the present petition is qua Final Plot No.114 i.e. land admeasuring 4272 sq. mtrs. only (it shall hereinafter be referred to as the ‘subject land’ for short). The petitioners have given power of attorney to one Mr. Mahendrabhai Chhotalal Doshi for the Final Plot No. 114.

3.2. The petitioners were holding the land by way of tenancy rights having restrictions u/s 43 of the Bombay Tenancy and Agricultural Lands Act, 1948 (it shall hereinafter be referred to as ‘the Act’ for short). Thus the land was of ‘new tenure’ and therefore, the petitioners have made an application dated 7^th October, 2002 to the Deputy Collector, Choryasi Pranth, for conversion of the land in question from new tenure to old tenure and the said application was submitted in the office of the Deputy Collector on 21.10.2002.

3.3. That the District Valuation Committee under the Chairmanship of the District Collector, Surat, passed a resolution dated 18.09.2003 in respect of as many as 27 applications. So far as the application made by the present petitioners is concerned, by way of resolution No.6, it was unanimously decided to charge premium at the rate of Rs.2,000/- for some portion of subject land and at the rate of Rs.2,500/- for the remaining part of the subject land. It is the case of the petitioners that they had no knowledge about passing of the aforesaid resolution dated 18.09.2003 and they came to know about the said fact only when they obtained the relevant papers under the Right to Information Act along with the copy of one Resolution dated 23.02.2006.

3.4. Thereafter, vide letter dated 20.03.2004, the District Collector informed the Deputy Secretary, Revenue Department, inter alia, stating that the market value of the subject land is Rs.85,44,000/- and the amount of premium would come to Rs.59,80,800/- (70% of the market value) and since the market value of the land is more than Rs.50 lacs, the valuation of the land in question is required to be fixed by the State Level Valuation Committee. Therefore, the decision taken by the District Valuation Committee is referred to the Secretary, Revenue Department for approval. Thereafter, the respondent No.1 - Revenue Department, vide letter dated 17.08.2004 asked the Collector to submit information qua the market value of the sub