ORAL JUDGMENT

1. Heard Mr. Parth A. Patel, the learned advocate appearing for the petitioners and Ms. Dharitri Y. Pancholi, the learned AGP appearing for the respondent – State.

2. Rule returnable forthwith. Ms. Dharitri Y. Pancholi, 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 challenged the impugned order dated 5.11.2024 passed by the respondent No.2 – District Collector, Kheda pursuant to the online application dated 17.9.2024 seeking Non-Agricultural Use Permission under Section 65 of the Gujarat Land Revenue Code, 1879 (hereinafter referred to as ‘the Code’ for short) which consigned to be ‘filed’ on the ground that the 7/12 form of the Old Survey No. 231/4 of the year 1931-32 in the Column of second rights, names of the Ahmad Amzat and Mohamad Amzat as mortgagee and said charge of mortgage has been removed/released vide mutation entry no. 447 dated 25/10/1992 and same was deleted only on the basis of statement, application and panchkyas and it does not reflect neither evidence of completion of mortgage transaction nor order of the competent authority.

4. Mr. Parth