An application for land conversion rejected due to missing documentation may be reconsidered via a fresh application if the applicant subsequently obtains and produces the required documents.

ORAL JUDGMENT

1. RULE returnable forthwith. Mr. Jayneel Parikh, learned AGP waives service of Rule for the respondents – State authorities.

2. With the consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing and disposal.

3. By way of the present petition, petitioner herein has prayed for the following reliefs:

“(A) Your Lordships may be pleased to issue a writ of certiorari or writ in the nature of certiorari or any other appropriate writ, order or direction, to quash and set aside the order dated 04.11.2025 passed by the Special Secretary, Revenue Department (Appeals), Ahmedabad in Revision Application No. M.V.V./GANOT/VADAD/37/2024 and order dated 22.04.2024 passed by the Collector, Vadodara (Annexure-A);

(B) Your lordships may be pleased to issue a writ of mandamus or any other writ of appropriate nature, order or direction, directing the Respondent No.2 to grant Certificate under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948 for land situated at Revenue Survey No. 268/8, Khata No. 172, admeasuring 1 hectare – 21 ares – 95 sq.mtrs. situated at Village: Kothav, Taluka Karjan, District Vadodara, in the interest of justice;

(C) Grant such other and further relief(s) as may be deemed fit in the interest of justice and equity.”

4. Mr. Bhatia, learned advocate submits that for establishing an industrial unit, the petitioner submitted an application dated 25.02.2024 being no. 21911202400825 before the respondent-Collector, Vadodara under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948 (for short ‘the Tenancy Act, 1948’) seeking permission to purchase and convert the said agricultural land for bona-fide industrial use, for the land situated at Revenue Survey No. 268/8, Khata No. 172, admeasuring 1 hectare – 21 ares – 95 sq.mtrs. Village: Kothav, Taluka-Karjan, District-Vadodara, came to be rejected, because the petitioner could not place on record the lay-out plan and the certificate for industrial use.

5. When the matter is taken-up for hearing, Mr. Bhatia, learned advocate submits that, the aforesaid defect are cured / the petitioner is in receipt of the layout plan as also the certificate for industrial use, in view thereof, the petitioner would prefer a fresh application, seeking permission under Section 63AA of the Tenancy Act, 1948. The same be considered in accordance with law by the respondent authority.

6. Mr. Jayneel Parikh, learned AGP submits that, as such, the impugned order came to be passed, in view of non- production of the requisite documents and since the petitioner was not in possession of the said documents, when the impugned order came to be passed.

7. Having heard the learned advocates appearing for the respective parties, considering the subsequent development, wherein, the petitioner herein is in receipt of the lay-out as also the certificate for industrial use. Accordingly, both the order passed by the SSRD dated 04.11.2025 and Collector dated 22.04.2024 are quashed and set aside. If the petitioner were to prefer a fresh application seeking permission under Section 63AA of the Tenancy Act, the same be decided by the respondent- Collector, in accordance with law, without being influenced by the earlier order dated 22.04.2024 passed by the Collector in No. 541/19/11/040/2024 and the order passed by the Special Secretary, Revenue Department (Appeals), Ahmedabad in Revision Application No. M.V.V./GANOT/VADAD/37/2024, within the statutory period.

8. With the aforesaid directions, the present petition stands allowed. Rule is made absolute. No order as