- (1.)By way of present petition, the petitioners have challenged order dtd. 5/12/2019 passed by the learned Special Secretary, Revenue Department (SSRD), Ahmedabad, whereby it has confirmed the order dtd. 17/10/2018 passed by the learned Collector, Botad, whereby the application under Sec. 65 of the Gujarat Land Revenue Code, preferred by the petitioner, came to be rejected on the ground that Regular Civil Suit No. 60 of 2015 is pending before the Civil Court.
(2.)The relevant brief facts leading to the present petition are as follows:
2.1 The land in question bearing revenue Survey No. 30 Paikee 1 situated at Botad, Village: Botad, Taluka: Botad, District: Botad was purchased by the petitioner by registered sale- deed dtd. 11/8/2010 and the same was mutated in the revenue record. That there was some mistake and, therefore, on 11/8/2010 came to be corrected by the execution of the registered document by the parties. That in the year 2015, some family dispute arose between the legal heirs of the deceased Ashokbhai Sakariya and legal heirs of the deceased Lakhubhai Sakariya, a Civil Suit No. 60 fo 2015 came to be filed before the Civil Court, Botad, which is still pending. That on 7/3/2017, one of the petitioners, namely Pravinbhai Odhavjibhai sold his share of 25% to petitioner No.3 by way of registered sale-deed dtd. 7/3/2017 and the same was mutated in the revenue record and it was also certified. On 12/10/2017, the petitioner approached the learned trial Court, Botad for granting non-agricultural permission under Sec. 65 of the Gujarat Land Revenue Code. The learned Collector sought for necessary opinion from the concerned authorities, whereby Botad Nagarpalika as well as Gujarat Water Infrastructure Ltd. provided their opinion in favour of the petitioners and other government authorities have also forwarded their positive opinion of the petitioner to the Collector. Thereafter, learned Collector issued letter to the learned APP Botad for his opinion, since Civil Suit was pending. Learned APP Botad who offered his opinion to the learned Collector, favouring the petitioners. It is alleged that despite of such positive opinion, the learned Collector, only on the basis of pendency of the Civil Suit, rejected the same. Upon such rejection, the petitioners approached the SSRD which also rejected the same. It is contended that the petitioner has pointed out that subject to condition of Civil Suit, permission ought to have been granted and in the past also number of such orders have been passed by the learned Collectore, Bhavnagar as well other competent authority. On the aforesaid facts, the petitioners have prayed for following relief:

"20(A)YOUR LORDSHIPS may be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside order dtd. 5/12/2019 passed by the learned SSRD, Ahmedabad wherein conformed the order dtd. 17/10/2018 passed by the Learned Collector, Botad for converting land bearing survey No. 30/1 pakki 1 as well as 30/1 pakki 2 situated at village Botad, Taluka: Botad, District: Botad agricultural to non-agricultural land;

(B) During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to stay further operation, implementation and execution of order dtd. 5/12/2019 passed by the learned SSRD, Ahmedabad wherein conformed the order dtd. 17/10/2018 passed by the Learned Collector, Botad and further be pleased to direct the concerned revenue authorities to maintain status quo with respect to entry no. 13599 mutated in the revenue record land bearing revenue survey no. 30/1 pakki 1 as well as 30/1 pakki 2 situated at village Botad, Taluka: Botad, District: Botad agricultural to non-agricultural land;

(C) Such other and further reliefs as may be deemed just and proper in the facts and circumstances of the present case may kindly be granted."

(3.)Heard learned advocate Shri Y.J.Patel for the petitioners and Ms. Dhwani Tripathi, learned AGP for the respondent State at length.