BHIKHABHAI KALABHAI HARSODA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Civil Application No.4 of 2017 in Letters Patent Appeal No.1015 of 2017 has been filed by the applicants for condonation of delay of 104 days caused in preferring Letters Patent Appeal against the order dated 30.9.2016 passed by the learned Single Judge in Civil Application No.2560 of 2016 and Miscellaneous Civil Application No.1092 of 2016 whereas Civil Application No.2887 of 2018 has been filed by the applicants seeking leave of this Court to grant permission to the applicants to file an appeal against the judgment and order dated 12.4.2013 passed by the learned Single Judge in Special Civil Application No.3031 of 2007. As the issue involved in both these applications are similar, at the request of the learned advocates appearing for the parties, both these applications are heard together and are being disposed off by this common order.

(2.) At the outset, it is required to be noted that as the learned advocates appearing for the parties have addressed on the merits of the case at the time of hearing of the application for condonation of delay and for grant of leave to appeal, we have considered such submissions at this stage.

(3.) Learned advocate Mr.Nikhil Cariel appearing for the applicants submitted that the applicants are the original land owners and father of the applicants sold the land bearing survey no.250 of village Kothariya, Ta.Rajkot, District Rajkot admeasuring acre 9-13 gunthas. The father of the applicants as well as the present respondent no.3-original petitioners submitted an application for grant of nonagricultural permission with respect to the land in question. The District Development Officer, by an order dated 27.7.1964, granted such permission for construction of houses. It is submitted that 43 plots came to be demarcated from the land in question which were purchased by the petitioners as partners of registered partnership firm by registered sale deed dated 16.11.1964. It is submitted that for breach of condition of N.A.permission, the Collector, Rajkot passed an order on 9.10.1972 and thereby N.A.permission came to be cancelled and it was ordered that from the date of the said order, subject land would be considered as agricultural land. Thereafter, the Mamlatdar certified the mutation entry no.1000 in the revenue record showing the land to be agricultural land held by the respective partners.