JUDGMENT :

VAIBHAVI D. NANAVATI, J.

1. Heard Mr. P.S. Datta, learned advocate appearing for the petitioners and Ms. Dharitri Y. Pancholi, learned AGP appearing for the respondents.

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

3. By way of the present Petition, the petitioners herein have prayed for the following reliefs:

(A) YOUR LORDSHIPS may be pleased to issue a writ of Mandamus and/or an appropriate writ in the nature of Mandamus and/or any other appropriate writ, order or direction quashing and setting aside the impugned orders dated i)10.11.2020 (Annexure-L), ii) 04.09.2023 (Annexure-M), iii) 15.04.2024(Annexure-N), iv) 25.11.2024 (Annexure-O), v)30.01.2025 (Annexure-P), vi) 17.7.2025 (Annexure-U) passed by the respondent No.2 – District Collector, Gandhinagar and YOUR LORDSHIPS may be pleased to direct the respondent No.2 – District Collector, Gandhinagar to grant N.A permission strictly in accordance with provisions of section 65 of the Gujarat Land Revenue Code, 1879;

(B) During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to stay the operation, implementation and execution of the impugned orders dated dated i)10.11.2020 (Annexure-L), ii) 04.09.2023 (Annexure-M), iii) 15.04.2024 (Annexure-N), iv)25.11.2024 (Annexure-O), v) 30.01.2025 (Annexure-P), vi) 17.7.2025 (Annexure-U) passed by the respondent No.2 – District Collector, Gandhinagar and YOUR LORDSHIPS may be pleased to direct the respondent No.2 – District Collector, Gandhinagar to grant N.A for the land in question; in the interest of justice;

(C) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case.”

4. By way of the present petition, the petitioners invoke the extraordinary jurisdiction vested in this Hon’ble Court under Article 226 of the Constitution of India and thereby seek to challenge orders dated 10.11.2020, 04.09.2023, 15.04.2024, 25.11.2024, 30.01.2025 and 17.07.2025 passed by the respondent No. 2 – District Collector, Gandhinagar whereby the applications of the present petitioners were consigned to be filed, which was preferred under Section 65 of the Gujarat Land Revenue Code for converting the land for getting permission for Non-agriculture use of the land in question bearing Block/Survey No. 1305 (old Revenue survey No. 1056/2) New Survey No. 823, Khata No. 1767 admeasuring about 5896 Sq. Mts., of Mouje Village Rancharda, Dist. Gandhinagar on the ground that the sellers and predecessors of the present petitioners are not original agriculturist and the negative opinions by the authorities.

5. Mr. Datta, learned advocate submits that the promulgation entry duly produced at Page 103 being Entry No. 10905 certified on 29.07.2020 has attained finality and that the petitioner herein is an owner and occupier of the land in question, the same being old tenure having produced at Form – 7 at Annexure-A, page 40. It is submitted that in view thereof the petitioners application was required to be considered on the strength of the petitioners’ status as the occupier of the land in question and whether the petitioner herein is conducting agricultural activities while the petitioner herein approached the authorities from time to time pointing out that the objections raised as such are not tenable while considering the application under Section 65 of the Code. It is submitted that though the same was reiterated from time to time by preferring applications as referred to hereinabove, the respondent authority failed to consider the petitioners’ application and in view thereof, the petitioner herein has no other remedy but to approach this Court. It is also submitted that reliance is also placed on the order passed in RTS Appeal/Case No. 141/2015 wherein the proceedings qua the predecessor are consigned to file by order dated 20.05.2016 and the proceedings under Section 84-C of the