JUDGMENT :

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

2. Heard Mr. N.R. Mehta, learned advocate appearing for the petitioner and Mr. Jayneel Parikh, learned AGP appearing for the respondent – State authorities.

3. By way of present petition, the petitioner herein has challenged the impugned order dated 26.12.2023 passed by the respondent No.3 bearing No.Ganot/Vashi/568/2023 duly produced at Annexure – A to the petition wherein, by the said order, the land bearing Survey Nos.349, 354, 356, 355, 342, 347, 362, 366, 369, 358, 581, 448, 546, 367, 442, 540, 541 543, 547, 556, 557, situated at Mouje : Vekra, Taluka : Kadi, shall not be further transferred, mortgaged or sold and that, the status – quo be maintained by the parties for the reasons stated in the said order, and the order dated 03.07.2024 passed by the respondent No.2 rejecting the petitioner’s application for Non-Agriculture (NA) use under Section 65 of the Gujarat Land Revenue Code, 1879, duly produced at Annexure – B to the petition, on the three grounds:

(i) A negative opinion dated 26.05.2024 was received from the respondent No.3 in light of the Entry No.6422 mutated in the revenue record pursuant to the order passed by the respondent No.3.

(ii) Agriculture status of the person, whose name had been entered into the revenue records vide Entry No.3362, required to be verified.

(iii) In view of the pendency of Special Civil Application Nos.1234/2024, 1364/2024 and 1192/2024 before the Hon’ble Gujarat High Court qua the land-in-question.

3.1 The aforesaid orders have given rise to the filing of the present petition.

4. The petitioner herein is an agriculturist and is owner of the land bearing Survey No.1011, Village : Rancharda, Taluka : Kalol, District : Gandhinagar. A copy of the 7/12 extract is duly produced on record at Annexure – C to the petition.

4.1 The petitioner herein purchased the land-in-question and other parcels of land from one Mr. Sandeepkumar Krishnamurari Agarwal (for short “the vendor”) by way of registered sale deed dated 19.07.2023. The revenue entry came to be mutated in the revenue record being Entry No.6320 on 28.07.2023, which was duly certified on 15.09.2023 wherein, it was recorded that the same would be subject to the outcome of the tenancy proceedings initiated under the Tenancy Act. Upon inquiry, the petitioner was informed the by the vendor, Mr. Sandeepkumar Agarwal that, certain proceedings under the various laws were initiated against the vendor’s family as also in respect of the land-in-question. The said proceedings are also challenged, which are pending adjudication before various forums.

4.2 It is the case of the petitioner that an application preferred by the petitioner seeking Non-Agricultural (NA) use permission, dated 27.04.2024, under Section 65 of the Gujarat Land Revenue Code, 1879 (for short ‘the Code’) and the said application came to be rejected by the impugned order dated 03.07.2024 on the grounds, as referred to hereinabove.

4.3 It is further the case of the petitioner that it was only when the impugned order came to be passed on 03.07.2024 rejecting the petitioner’s application under Section 65 of the Code, it came to the knowledge of the petitioner that the order dated 26.12.2023 is passed against the vendor and his family on the ground that the father of the vendor obtained a certificate of Agriculturist, by concealing the fact that the learned Collector, Surendranagar, after initiating proceedings under the Saurashtra Gharkhed Tenancy Settlement and Agricultural Land Ordinance, 1949, vide order dated 02.12.1991 passed in Gharkhed Revision Case No.1 of 1991-92 held the vendor’s father as non-agriculturist. The impugned order dated 26.12.2023 further states that such order dated 02.12.1991 passed by the Collector, Surendranagar, was assailed by the vendor’s father by preferring Revision Application No.12 of 2006 bef