ORAL ORDER

1. Since the issues involved in both the captioned applications are the same, those were heard analogously and are being disposed of by this common judgment and order.

2. For the sake of convenience, Special Civil Application No.15568 of 2017 is treated as the lead matter.

3. By this writ application under Article 226 of the Constitution of India, the writ applicant has called in question the legality and validity of the order dated 01.08.2016 passed by the respondent No.2-District Collector, whereby the application of the writ applicant seeking change of tenure of the land was not entertained, as also order dated 15.09.2016 passed by the respondent No.1-Additional Secretary, Revenue Department (Appeals), affirming the order of the District Collector dated 01.08.2016.

4. Facts, in brief, giving rise to the filing of the present application, may be summarized as under;

4.1 The dispute pertains to land bearing Survey/Block No.183/3 paiki 5, situated at Moje Vavadi Bhujarg, Taluka: Godhra, District: Panchmahals admeasuring 4047 square meters. The total area of the said Survey/Block No.183/3 is 8094 square meters.

4.2 Originally, the land admeasuring 3 acres and 40 gunthas of Survey/Block No.183/3 was occupied by one Thavara Thersing as a tenant, who was then declared to be the deemed purchaser of the said land by the Mamlatdar under Section 32 read with Section 32G of the Gujarat Tenancy and Agricultural Lands Act, 1948 (for short ‘Act, 1948’), and an entry to that effect being Entry No.1065 dated 07.11.1961 also came to be mutated in the revenue record.

4.3 Upon the sad demise of Thavara Thersinghbhai, the name of his legal heir Hirbhai Thavarabhai was mutated in the revenue record vide Entry No.4775 dated 02.01.1997.

4.4 As per Entry No.5295 dated 25.07.1998, a parcel of land admeasuring 2 acre of Survey/Block No.183/3 paiki 5 has been vested in the Government under the head ‘vacant land’ for transferring the same in breach of the conditions specified in Section 43 of the Gujarat Tenancy and Agricultural Lands Act, 1948.

4.5 Thereafter, the occupancy right of the aforesaid land vested in the Government for breach of the conditions specified in Section 43 of the Act, 1948 was granted by order dated 02.12.1998 by the appropriate authority after taking appropriate proceedings under the Act, 1948 to one Chandrashankar and an entry to that effect also came to be mutated in the revenue record vide Entry No.5454 dated 05.12.1998.

4.6 Thereafter, the Assistant Collector, Godhra, vide his order dated 13.08.2001 passed in Tenancy Case No.68 of 1999, confirmed the order dated 02.12.1998 passed by the Mamlatdar in Tenancy Case No.53 of 1908, whereby the aforesaid granting of occupancy right to Chandrashankar Nathuram Sonaiya was confirmed, and an entry to that effect also came to be mutated in the revenue record being Entry No.6616.

4.7 Thereafter, the Mamlatdar, Godhra vide its order dated 09.01.2014 and the Deputy Collector vide its order dated 30.01.2014, the conditions of new tenure and impartibility to which land of Survey No.183/3 paiki was subjected to, were removed and stipulated that for non-agricultural purposes premium was required to be paid, and an entry to that effect also came to be mutated in the revenue record vide Entry No.16314 dated 01.02.2014.

4.8 Thereafter, the writ applicant and one Luv Kishorkumar Rajai purchased the subject land from Chandrashankar Nathuram Sonaiya by a registered sale deed No.902/2014 dated 05.03.2014 on payment of total sale consideration, and as such, the name of the petitioner was entered into the revenue record in place of Chandrashankar Nathuram vide Entry No.16360 dated 05.03.2014 as the purchaser of the land admeasuring Hectare-Are 0-40-47 of Survey/Block No.183/3 paiki 5.

4.9 Thereafter, the writ applicant made an application on 05.03.2014 to the respondent No.2-District Collector, Panchmahal for grant of permission to change of user of the subject land from non-agriculture res