JUDGMENT :

VAIBHAVI D. NANAVATI, J.

1. Heard Mr. Rutvij S. Oza, the learned advocate appearing for the petitioner 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 petitioner herein has challenged the impugned order dated 5.7.2024 passed by the respondent No.2 – District Collector, Rajkot pursuant to the Application No.30906202400970 dated 10.5.2024 seeking Non- Agricultural Use Permission under Section 65 of the Gujarat Land Revenue Code, 1879 (hereinafter referred to as ‘the Code’ for short) which came to be ‘filed’ on two grounds that third party Bhikhubhai Valjibhai Ramani has raised objections dated 12.06.2024 against grant of non-agricultural permission and litigation is pending before the learned District and Sessions Court bearing Case No.CMA/DC/63/2024.

4. Mr. Rutvij S. Oza, the learned advocate appearing for the petitioners submits that the Regular Civil Suit No.447 of 2007 preferred by Bhikhubhai Valjibhai Ramani was dismissed vide order dated 12.03.2024 upon conclusion of full-fledged trial. It is pertinent to note that the learned Civil Court has dismissed the Regular Civil Suit No.447 of 2007 after taking into consideration the conduct of original plaintiff-Bhikhubhai withdrew the suit against the predecessor in title of petitioner herein.

5. Ms. Dharitri Y. Pancholi, the learned AGP is not in position to controvert the submissions advanced by Mr. Oza, the learned advocate appearing for the petitioner and submits that the objector is not joined as party respondent.

6. Having heard the learned advocates appearing for the respective parties and considering the impugned order dated 5.7.2024 passed by the respondent No.2 – District Collector, Rajkot is clearly beyond jurisdiction having declined to consider the petitioner’s Application No.30906202400970 dated 10.5.2024 seeking Non-Agricultural Use Permission for land in question being Survey No.295/Paiki/2 of Village : Kothariya, Taluka and Dist. Rajkot.

6.1 The land bearing revenue survey No.295 paiki admeasuring Acre 3-35 Guntha of village : Kothariya, Taluka and District: Rajkot was originally owned and occupied by the Valjibhai Khodabhai. In presence of Valjibhai Khodabhai, family partition took place and name of three sons of Valjibhai Khodabhai were entered into revenue record which was recorded in the revenue record vide Mutation Entry No.1283 dated 05.05.1981, which came to be certified on 25.11.1981. Pursuant to the aforesaid family partition, land bearing revenue survey No.295 paiki 3 admeasuring 0-51-60 Sq. Mtrs of village Kothariya, Taluka and District: Rajkot was transferred in favor of Hardasbhai Valjibhai Ramani who sold the land to the petitioner herein vide Registered Sale Deed bearing No.12997 dated 10.11.2006 and the said transaction was recorded in the revenue record vide Mutation Entry No.2953 dated 27.11.2006, against the said mutation entry the Bhikhubhai. Valjibhai has raised objection, and therefore, the said Kachcha entry was taken as disputed and registered as Dispute Case No.3 of 2008 which was rejected by the Mamlatdar, Rajkot and the said authority has passed an order dated 24.04.2008 to certify the said Mutation Entry No.2953 on the basis of registered sale deed executed in favour of the petitioner.

6.2 Being aggrieved by the order dated 24.04.2008 Bhikhubhai Valjibhai Ramani preferred an appeal before the Deputy Collector, Rajkot (City-2) and the said appeal was dismissed by order dated 31.12.2014.

6.3 Being aggrieved by the aforesaid order dated 31.12.2014 passed by the Deputy Collector, Rajkot (City-2), Bhikhubhai Valjibhai Ramani preferred Revision Application before the respondent No.2-Collector and the same was registered as Land- Revision-108(6) Case No.19/2015-16. The said revision application of came to be rejected vide order dated