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4.4 That the power exercised by the Collector under Section 63AA of the Act is administrative in nature and not quasi- judicial. Consequently, the principle of functus officio or bar on filing of a fresh application does not apply. Reliance is placed on the decision of this Court in M/s Rathore Steels v. State of NEUTRAL CITATION C/SCA/10770/2025 JUDGMENT DATED: 22/08/2025 undefined Gujarat [Special Civil Application No. 8844 of 2024 decided on 02.05.2025], wherein it has been held that an application rejected or consigned to file on account of technical defects or procedural lapses does not preclude the applicant from curing such defects and submitting a fresh application, without being mandatorily required to prefer an appeal under Section 63AA(3)

6. The learned AGP submitted that if the Collector is not satisfied then after giving an opportunity of being heard, he can refuse certificate to the person in question and the sale of land would be deemed to be in contravention of Section 63AA. Learned AGP relied upon Clause 3d(i) of Section 63AA and submitted that upon refusal to issue a certificate by a Collector, the purchaser may file an appeal to the State Government or such officer as having been authorized by the State Government. Learned AGP would submit that the applications of the present petitioner having been rejected, it was incumbent upon the petitioner to have preferred an appeal before the Special Secretary, Revenue Department and having not preferred an appeal, it was not open for the Collector to have considered the applications preferred by the present petitioner afresh. Thus learned AGP submits that this Court may not to interfere with the impugned order.

9. Section 63AA of the Bombay Tenancy and Agricultural Lands Act does not confer to the Collector any quasi-judicial power but he exercises an administrative function. Section 63AA enables a person to purchase or enter into an agreement for sale of agricultural land, notwithstanding the provisions of sub- section (1) of Section 65B of the Bombay Land Revenue Code, 1879, provided that the land is intended to be used for bona fide industrial purpose. The provision further requires the purchaser to intimate the Collector within 30 days of purchase and furnish relevant particulars, failing which fine can be imposed. Upon receipt of such application the Collector has to satisfy himself that the purchase has been made for bona fide industrial purpose in accordance with the statutory parameters and thereafter, issue a certificate in favor of the purchaser. If the Collector is not satisfied then he can refuse to grant the certificate after affording the purchaser an opportunity of hearing and such a rejection would result in the transaction being treated in contravention of Section 63 of the Act. The statute also provides a right of appeal to the State Government or an officer notified by it, against the Collector's refusal. Therefore, the process under Section 63AA is administrative in nature and does not involve any adjudicatory process or quasi- judicial function.

10. Further, rejection of an application on the ground of NEUTRAL CITATION C/SCA/10770/2025 JUDGMENT DATED: 22/08/2025 undefined deficiency or technical defect cannot be termed as an order on merits under Section 63AA of the Tenancy Act. If the rejection is based purely on technical or procedural deficiency then filing of an appeal before the Appellate Authority for removal of the same would be contrary to the provisions of Section 63AA. Thus, an applicant can file a fresh application after removal of deficiencies/technical objections.