- (1.)Affidavit in reply on behalf of respondent no.4 is taken on record. Considering the issue involved in the matter, the matter is taken up for final hearing and disposal. Hence, Rule. Learned AGP Mr. Ronak Raval waives service of rule on behalf of respondent nos.1,2 and 3. Learned advocate Mr. Rana appearing on caveat for respondent no.4 waives service of rule on behalf of respondent no.4.
(2.)By the present petition filed under Article 226 of the Constitution of India, the petitioner ­ opponent no.3 in Revision Application No.4 of 2015 filed by respondent no.4 and pending before the Secretary, Revenue Department (Appeals) has challenged the impugned order dated 28.08.2015 passed therein, whereby the Secretary has ordered to maintain status in connection with implementation of the order dated 22.10.2014 passed by the Collector granting N.A. permission to the petitioner under Section 65 of the Gujarat Land Revenue Code ('the Code' for short) for land bearing survey no.413 paiki admeasuring 1758 sq.mtrs.
(3.)Learned advocate Mr. Sindhi for the petitioner submitted that the petitioner is owner of the land and respondent no.4 is holding only agreement to sell (Banakhat) in respect of land in question and thus has got no right or interest in the land in question and cannot object to grant of N.A. permission in favour of the petitioner for the land in question. Mr. Sindhi submitted that order of granting N.A. permission is in the nature of exercising administrative powers and right, title and interest of the parties in the land are not decided by the Collector and till respondent no.4 gets his right established in the suit filed by him, he has no locus to challenge the order granting N.A. permission.