JUDGMENT :

VAIBHAVI D. NANAVATI, J.

1. Heard Mr. D.K. Puj, learned advocate appearing for the petitioner and Ms. Dharitri Y. Pancholi, learned AGP appearing for the respondents.

2. Rule returnable forthwith. Ms. Dharitri Pancholi, learned AGP waives service of rule for and on behalf of the respondent – State.

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

“(A) This Hon'ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ, order and/or direction quashing and setting aside the order dated 08.12.2025 (Annexure-A) passed by the Ld. District Collector, Kachchh rejecting the Petitioner's application filed under Section 65 of the Code seeking permission to convert the agricultural land bearing Survey No. 512/p1 admeasuring about 37312 sq. meters situated at Village-Varsamedi, Taluka Anjar, District Kachchh into non-agricultural use as the said order passed by the District Collector is absolutely illegal, unlawful, contrary to the facts and evidence on record, against the settled principles of law, equity and justice, in violation of principles of natural justice and the Ld. District Collector ought to have granted NA permission in respect of the subject land as prayed for;

(B) Pending admission, hearing and final disposal of present petition, this Hon'ble Court may be pleased to stay the implementation, operation and execution of the order dated 08.12.2025 (Annexure-A) passed by the Ld. District Collector, Kachchh rejecting the Petitioner's application filed under Section 65 of the Code seeking permission to convert the agricultural land in non-agricultural use and further be pleased to direct the Collector to process and decide the application of the Petitioner for grant of NA;

(C) Hon'ble Court may be pleased to pass any other and further orders of grant of relief as may be deemed fit in the interest of justice;”

4. By way of the present petition, the petitioner herein has challenged the impugned order dated 08.12.2025 passed by the respondent No. 2 – District Collector, Kachch rejecting the petitioner’s application for NA permission under Section 65 of the Gujarat Land Revenue Code, 1879 (hereinafter referred to as “the Code”) on the ground of pendency of three Revision Applications before the learned SSRD and pendency of Regular Civil Suit No. 207 of 2024 at before the learned Civil Court at Anjar and in view of the objections raised by one Shri Naveenbhai Ramniklal Ruparel.

5. Mr. Puj, learned advocate submits that the proceedings pending before the learned SSRD are with respect to the parcel of the land other than the subject land bearing Block/Survey No. 512/P1 situated at Village Varsamedi, Taluka Anjar, District Kutch. It is also submitted that pendency of the Civil Suit would not in any way come in way of the respondent authority to decide an application under 65 of the Code, the same being administrative in nature and the same is non-adversarial in nature. It is submitted that the petitioner herein is an occupier of the land in question and is undertaking agricultural activity and the impugned order passed by the respondent No. 2 is contrary to the provisions of the Section 65 of the Code.

6. Ms. Pancholi, learned AGP is not in a position to dispute the aforesaid factual position.

7. Having heard learned advocates appearing for the respective parties and as submitted by Mr. Puj, learned advocate appearing for the petitioner that the three Revision Applications pending before the learned SSRD have attained finality and they appear to be of distinct land than than that of the subject land in question.

8. Further, the pendency of Civil Suit, i.e., RCS No. 207 of 2024, in absence of any order of stay granted by the competent Civil Court as such would not come in way of the learned Collector to decide an application under Section 65 of the Code for NA permission, wherein in the opinion of this Court as the said aspect is considered in the ratio laid down b