The authority processing a land use conversion application lacks jurisdiction to adjudicate title disputes or verify historical ownership claims; the inquiry is strictly limited to confirming the occupant status and the agricultural nature of the land under the relevant statute.

ORDER :

Vaibhavi D. Nanavati, J.

1. Heard Mr. Amit Thakkar, learned advocate appearing for the petitioner and Mr. Jayneel Parikh, learned AGP appearing for the respondent – State authorities. As in the captioned petitions, issue is self-same, the same be decided by the present common order and Special Civil Application No. 19062 of 2023 is treated as lead matter, the facts are taken from the same.

2. By way of the present petition, the petitioner herein prays for the following reliefs:

“7. The Petitioners, therefore, pray that: -

A. Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction, in the nature of certiorari and be pleased to the quash and set aside impugned communications/orders dated 18.05.2023 by the Respondent no.2 -Collector, Ahmedabad (Annx-A) and be pleased to pass appropriate orders for granting the permission as sought for by the Petitioners vide application dated: 15.3.2023 (Annexure-B).

B. Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to stay the execution, operation and implementation of the impugned communication/orders dated 18.05.2023 by the Respondent no.2 -Collector, Ahmedabad. (Annexure-A)

C. Pending admission, hearing and final disposal of this petition be pleased to direct the Respondent no:2 Collector, Ahmedabad to process the applications dated: 15.03.2023 (Annexure-B) of the subject lands, seeking NA use permission within stipulated time period.

D. To grant such other and further relief as may deem fit and proper in the interest of justice be granted in favour of the Petitioners.”

3. By way of the present petition, the petitioner herein has challenged the impugned order dated 18.05.2023 passed by the respondent no. 2 – Collector, Ahmedabad, wherein, the petitioners application under Section 65 of the Gujarat Land Revenue Code, 1879,(for short, “the Code”) seeking Non-Agricultural (NA) use permission is consigned to file on the ground that whether the order passed by the order in Hon’ble High Court in Appeal No. 594 of 1960 and Appeal No. 596 of 1960, wherein the appeals filed by the State came to be rejected.

3.1. It is submitted that the land bearing Block No. 1331/1 and 1331/2 of Village: Vatva, Taluka: Vatva, District: Ahmedabad was in possession of Saiyed Kutubuddin Abanmiya and by the said appeals, the predecessor in title of the petitioner, i.e., Saiyed Kutubuddin Abanmiya is reviewed or not and that the status of the father of the petitioner whether was an agriculturalist is also in doubt.

3.2. Subsequent thereto Saiyad Kutubuddin Abanmiya sold the said lands to Dahyabhai Bhulabhai Patel and others by a registered sale deed bearing Serial No. 5368 dated 02.06.1966. Thereafter, Dahyabhai Bhulabhai Patel and others sold the said lands of Survey nos. 1331/1 and 1331/2 to the present petitioners along with their father Girishbhai Ambalal Gandhi by a registered sale deed dated 26.11.1986. The said sale deed is given effect to in the revenue record by Mutation Entry No. 10183 dated 20.12.1986.

3.3. The said lands are included in the town planning Scheme No. 456 (Vatwa) and forms part of final Plot No. 46 for which the petitioners also applied for development permission. The petitioners preferred two separate applications dated 15.3.2023 (Inward processed on 09.04.2023 and 10.04.2023) with respect to Survey nos. 1331/1, 1331/2 for seeking NA use permission under Section 65 of the Code before Collector, Ahmedabad. By order dated 18.05.2023, the Collector, Ahmedabad rejected and filed the said applications made seeking Non-Agricultural (NA) use permission on the groun