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3. Learned counsel for the petitioner submits that the petitioner had filed fresh application dated 12.07.2025 seeking permission, under Section 63AA of the Gujarat Tenancy and Agricultural Act, 1948, for establishment of NEUTRAL CITATION C/SCA/9193/2025 ORDER DATED: 19/08/2025 undefined industrial park. He submits that the said application has been rejected on the ground that similar application was rejected vide an order dated 08.08.2022 of the same, not having been challenged before the appellant authority. Learned counsel submits that the impugned order is unreasonable and suffers from lack of cogent reasons. He submits that the earlier application being rejected or consigned to file on technical defect or procedure lapses will not be include in such defects and submitting the application. He submits that the impugned order is not in accordance with the provisions of Section 63AA of the Act.

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 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)(d) of the Act. That the rejection of the petitioner's application dated 28.05.2025 has been made solely on the grounds that the petitioner has failed to submit the certificate issued by the Industry Center / Industry Department as required, the application for permission was submitted NEUTRAL CITATION C/SCA/9193/2025 ORDER DATED: 19/08/2025 undefined beyond the prescribed time limit of 30 days, while verifying the revenue record for account holder verification, entry No. 1657 in the title deed requires necessary clarification, the case is pending before the IRCMS, and the construction area, as per the proposed layout plan, exceeds one-fourth of the total purchased land. That as per Section 63AA(3)(a) of the Act, upon receipt of notice from the purchaser within 30 days of purchase, the Collector is required to hold an inquiry to satisfy himself that the purchase was made for bonafide industrial purposes and thereafter issue a certificate. Rejection of the application dehors the said provision is, therefore, beyond jurisdiction. The impugned orders are thus, unsustainable in law and liable to be quashed and set aside.

8. 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 NEUTRAL CITATION C/SCA/9193/2025 ORDER DATED: 19/08/2025 undefined 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.

9. Further, rejection of an application on the ground of 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.