JUDGMENT :

VAIBHAVI D. NANAVATI, J.

1. Rule returnable forthwith. Mr. Dhaval Trivedi, learned AGP waives the service of notice of rule for and on behalf of the respondent – State authorities.

2. Heard Mr. MTM Hakim, learned advocate for Mr. Mohmedsaif Hakim, learned advocate appearing for the petitioners and Mr. Dhaval Trivedi, learned AGP appearing for the respondent – State authorities. 3. By way of the present petition, the petitioner herein prays for the following reliefs:

“10. In view of the aforementioned premises, the Petitioners seek issuance of writ of mandamus and/or certiorari and/or any other writ, order or direction in the nature of mandamus and/or certiorari and/or any other appropriate writ, direction may be issued and thereby:-

A. THIS HON'BLE COURT MAY BE PLEASED TO quash and set aside the impugned order dated 20/12/2025 (Annexure-A) passed by the Respondent-Collector, Vadodara passed in application No. 61902202507990 (Annexure-S) for seeking NA permission qua agricultural land totally admeasuring 00-46-54, Block No.11 of village: Chikodra, Taluka: Vadodara, District: Vadodara.

B. THIS HON'BLE COURT MAY BE PLEASED TO order and direct the respondent to reconsider the petitioners application for grant the NA permission qua agricultural land totally admeasuring 00- 46-54, Block No.11 of village: Chikodra, Taluka: Vadodara, District: Vadodara.

C. Pending admission, hearing, and final disposal of the present Petition, this HON'BLE COURT MAY BE PLEASED TO order and direct the respondent to reconsider the petitioners' application for grant the NA permission qua agricultural landtotally admeasuring 00-46-54, Block No.11 of village: Chikodra, Taluka: Vadodara, District: Vadodara.

D. THIS HON'BLE COURT MAY BE PLEASED TO grant such other and further relief/s as may be deemed, fit, just and proper in the facts and circumstances of the case, and in the interest of justice and equity;

E. THIS HON'BLE COURT MAY BE PLEASED TO award the costs of the present Petition throughout.”

4. The petitioner challenges the impugned order dated 20.12.2025 passed by the Collector, Vadodara in application seeking Non- Agricultural (NA) use permission which was consigned to file, mainly, on the ground that against rejection of the earlier application seeking NA permission, the petitioner herein ought to have preferred appeal challenging the said order which was not preferred.

5. Briefly stated that the land bearing Survey Nos. 9, 218, 440, 443 and 438 of Village: Chikodra, Taluka: Vadodara, District: Vadodara (for short, “the said land”) were originally owned by Shri Varubhai and the grandfather and the great grandfather of the petitioners i.e. Shri Ashabhai Hathibhai Patel, was the tenant, in the said land since 1955. Subsequently, the said lands were sold to him under the tenancy laws and he became the owner of the said lands in 1966 for which mutation Entry No. 630 dated 16.05.1966 came to be mutated in the revenue records.

5.1. The present petition pertains to land Survey No. 9, Block No. 11 of village Chikhodra, Taluka: Vadodara, District: Vadodara, admeasuring 00-46-54 sq. mtrs. After the death of his first wife, Shri Ashabhai Hathibhai Patel married one Smt Maniben, who had 2 children from her earlier wedlock viz. Shri Motibhai and Smt Savitaben and these children of Smt Maniben also came to reside with Shri Ashabhai Hathibhai Patel. Shri Ashabhai Hathibhai Patel, executed a registered will dated 17.07.1973, in favour these children and bequeathed them lands Survey Nos. 327 and 347 of his ownership and Survey Nos. 9, 218, 327, 440, 443 and 448, being Block No.11, 169, 243 and 331 got under Tenancy laws, of Village: Chikodra, Taluka: Vadodara, District: Vadodara. Thereafter, on the devolution of the said lands, as per the registered will dated 17.07.1973, Entry No. 998, dated 19.05.1981 was also entered in the revenue record. Thereafter, the Mamlatdar and ALT, Vadodara registered Tenancy/Case/489/89 for alleged breach of restrictions under section