ORDER : SUNITA AGARWAL, J. The instant Appeal is directed against the judgment and order dated 18.03.2011 passed by the learned single Judge in dismissing the writ petition challenging the order dated 22.05.2009 passed by the Secretary, Urban Housing and Urban Development Department, State of Gujarat in Appeal No. 31 of 2008, confirming the order passed by the Collector, Bhavnagar dated 29.05.2008. 2. It is the case of the appellant-the original petitioner herein that the land bearing Survey No. 270/1 paiki admeasuring 9600 sq.yards was granted to the petitioner trust by Shihor Nagar Panchayat vide Resolution dated 05.03.1992 at the rate of Rs. 1 per sq.yard, on the terms and conditions stipulated in the said Resolution. The said disposal of the land by Shihor Nagar Panchayat was found to be in breach of Section 98(1) of the Gujarat Panchayat Act, 1961 on the premise that the land-in-question was disposed of without prior permission of the District Development Officer, Bhavnagar. 3. Vide order dated 23.12.1992, the District Development Officer, Bhavnagar in exercise of powers under Section 294(4) of the Gujarat Panchayats Act, 1961 suspended the aforesaid resolution of the general body of the Shihor Nagar Panchayat. 4. The aggrieved petitioner herein preferred Revision before the Additional Development Commissioner, State of Gujarat under Section 305 of the Gujarat Panchayats Act, which was dismissed vide order dated 1.5.1993. The Special Civil Application No. 6819 of 1993 was filed by the petitioner trust challenging the aforesaid two orders, which was allowed vide judgment and order dated 21.12.2004. The matter was remanded to the District Development Officer to pass fresh order in exercise of powers under Section 291 of the Gujarat Panchayats Act. 5. In the meantime, Shihor Nagar Panchayat was converted into Nagarpalika and thus, the Gujarat Municipalities Act were made applicable to it. The District Development Officer consequentially referred the matter to the Collector, Bhavnagar, who in turn rejected the matter with the observation that as per the directions of this Court, the District Development Officer was required to decide the case after remand. The District Development Officer, Bhavnagar moved a Civil Application No. 736 of 2005 in the above noted Special Civil Application for modification/clarification of the order passed by this court. Vide order dated 11.08.2005, this Court had directed to dispose of the case on remand under the provisions of the Gujarat Municipalities Act, 1993. The District Development Officer, Bhavnagar moved a Civil Application No. 736 of 2005 in the above noted Special Civil Application for modification/clarification of the order passed by this court. Vide order dated 11.08.2005, this Court had directed to dispose of the case on remand under the provisions of the Gujarat Municipalities Act, 1993. The matter was, therefore, heard by the District Collector and the Collector, Bhavnagar vide order dated 29.05.2008 in exercise of powers under Section 258 of the Gujarat Municipalities Act has permanently stayed/suspended the resolution of the general body Shihor Nagar Panchayat dated 5.3.1992 and further directed to restore the position which was prevailing prior to the passing of the said resolution. It is noted by the learned single Judge that the Secretary, Bhavnagar passed the order dated 29.05.2008 after giving fullest opportunity to the petitioner. 6. Aggrieved, the petitioner preferred the Special Civil Application No. 8084 of 2009 challenging the order dated 29.05.2008 passed by the Collector, Bhavnagar which was later withdrawn on the terms to approach the State Government against the order by preferring revision under Section 264 of the Gujarat Municipalities Act. The Revision preferred by the petitioner under Section 264 of the Municipalities Act had been dismissed by the Revisional Authority vide order dated 22.05.2009. 7. The writ petition, out of which the instant Appeal has arisen, was directed against the orders dated 29.05.2008 passed by the Collector, Bhavnagar and dated 22.05.2009 passed by the Revisional Authority under Section Sections 258 and 264 of the Gujarat Municipalities Act, respectively. As noted by the learned single Judge, the plea of jurisdiction of the Collector to pass the order invoking the jurisdiction under Section 258 of the Gujarat Municipalities Act, has no substance, inasmuch as, the Collector had given sufficient opportunity to the petitioner and the petitioner did not raise any objection with regard to the jurisdiction of the Collector at the relevant point of time. It is further noted by the learned single Judge that both the Secretary as well as the Revisional Authority had recorded specific findings that before granting/allotting the land-in-question to the petitioner at the token rent of Rs. 1 per sq.yard, the procedure as required for disposal of its land by the Shihor Nagar Panchayat has not been followed. It is further noted by the learned single Judge that both the Secretary as well as the Revisional Authority had recorded specific findings that before granting/allotting the land-in-question to the petitioner at the token rent of Rs. 1 per sq.yard, the procedure as required for disposal of its land by the Shihor Nagar Panchayat has not been followed. The land-in-question had not been disposed of by public auction nor any applications were invited and even valuation of the land-in-question was not made prior to its allotment. No proper inquiry had been made with respect to the members of the trust for whose benefit, the land-in-question was to be allotted. 8. It was also noted by the writ court that though, the land-in-question was allotted/granted in the year 1992, but at the time when the order impugned was passed by the Collector, there was no construction at all and it was an open piece of land, possession of which had already been taken over by the Shihor Nagar Panchayat. These findings returned by the writ court cannot be successfully challenged by Mr. B. M. Mangukiya, the learned counsel for the petitioner. Learned counsel for the petitioner vehemently asserted that there was a dispute with respect to the ownership of the land-in-question and a Regular Civil Suit No. 228 of 1990 was preferred by the Shihor Nagarpalika, which was decreed in favour of Shihor Nagar Panchayat. The attention of the Court is invited to the judgment and order dated 21.12.2004 in the writ petition filed by the petitioner trust challenging the order dated 23.12.1992 passed by the District Development Officer, Bhavnagar namely Special Civil Application No. 6819 of 1993. It was vehemently argued that this Court taking note of the fact that the suit has been decreed before the issuance of notice to the petitioner trust for initiating any process under Section 249 (4) of the Gujarat Municipalities Act, 1993, the District Development Officer was directed to reconsider the decision in view of the judgment of the Civil Court. It was vehemently argued that this Court taking note of the fact that the suit has been decreed before the issuance of notice to the petitioner trust for initiating any process under Section 249 (4) of the Gujarat Municipalities Act, 1993, the District Development Officer was directed to reconsider the decision in view of the judgment of the Civil Court. In view of the dispute raised by the respondent therein that the judgment and decree dated 6.11.1993 passed by the Civil Court in Regular Civil Suit No. 228 of 1990 was not with respect to the land-in- question, it was opined by this Court that if the decision of the Civil Court is with respect to the land-in-question, then the institution of the proceedings under Section 294(4) of the Gujarat Panchayat Act (old Act) shall not arise. However, if the decision is not with respect to the same land, it will be open for the District Development Officer to follow the procedure laid down under Section 249(4) of the Act of sending report to the State Government and pass appropriate orders after hearing the petitioner. It is vehemently argued that the writ court has committed error in ignoring the directions contained in the aforesaid decision dated 21.12.2004, as a result of which, the competent authority was required to consider as to whether the land-in-question was governed under the decree passed by the Civil Court. 9. It is submitted that no finding at all has been given by the Collector in the order impugned dated 29.05.2008. The Collector did not advert to the decree passed by the Civil Court whereby the Shihor Nagar Panchayat was held to be the owner of the land-in-question. The submission, thus, is that the order passed by the Collector suffers from inherent error of law and is in contravention of the judgment and order dated 21.12.2004 passed by this Court in Special Civil Application No. 6819 of 1993, whereby the matter was remanded for fresh consideration. It is submitted that the learned single Judge while passing the judgment impugned though noted this contention of the learned counsel for the petitioner, but has committed error in holding that the Collector has exercised powers conferred on it under Section 258 of the Gujarat Municipalities Act. It is submitted that the learned single Judge while passing the judgment impugned though noted this contention of the learned counsel for the petitioner, but has committed error in holding that the Collector has exercised powers conferred on it under Section 258 of the Gujarat Municipalities Act. It was vehemently argued that once it is held by the Civil Court that the land-in-question belonged to the Panchayat in the Civil Suit filed by the Sihor Nagarpalika, the Collector could not have exercised jurisdiction by invoking provisions of the Gujarat Municipalities Act, to consider legality and validity of the action of Shihor Nagar Panchayat to find fault with resolution dated 5.3.1992 passed by the Shihor Nagar Panchayat to held that the allotment was in breach of section 98 of the Gujarat Panchayats Act. 10. Testing all these submissions of the learned counsels for the appellant, relevant is to note that the reference to the judgment and decree dated 6.11.1993 passed by the Civil Court at Bhavnagar in Regular Civil Suit No. 228 of 1980 filed by Shihor Nagar Panchayat, is of no consequence, in so far was the dispute before us. We may further record that a perusal of the judgment and order dated 6.11.1993 passed by the Civil Judge, Sr. Division, Bhavnagar in the aforesaid suit indicates that the said suit was filed against the defendants namely the State of Gujarat through the Secretary, Revenue Department, the Collector, Baba Ramdev Pir Co-operative Housing Society, and one Rafik Akbarali Virani, resident of Shihor with the relief of declaration and injunction. One of the issues framed therein was as to whether the suit land was brought within the limits of Shihor Municipality, extended in July, 1945. There was a dispute with regard to the award passed by the Forest Settlement Officer. The claim made by the plaintiff was that the suit land was of its ownership and vested with the Panchayat and the action of the respondent government in vesting the lands-in-question within the Municipal limits of Shihor Nagarpalika was wrong. Ultimately, the suit had been decreed declaring that the suit land through Exh. 58 and 59 was vested with the plaintiff Shihor Nagar Panchayat and the defendant Nos. Ultimately, the suit had been decreed declaring that the suit land through Exh. 58 and 59 was vested with the plaintiff Shihor Nagar Panchayat and the defendant Nos. 1 and 2 namely the State and the Collector were restrained from recovering or allotting the said land to the third party without following the procedure under Section 96 of the Gujarat Panchayat Act. It is, however, clarified that it would be open for the government to recover the said land or to allot the same to third party only after adopting the procedure prescribed under Section 96 of the Gujarat Panchayat Act. It may, however, be noted that all the claims of the plaintiff Panchayat touching to the ownership of the suit land, were rejected. 11. Be that as it may, in the instant case, the question considered by the writ Court was as to whether initial allotment of the land-in-question vide resolution dated 5.3.1992 passed by the Shihor Nagar Panchayat in favour of the petitioner trust was in accordance with law. It has been noted in the judgment impugned that the land-in-question admeasuring 9600 sq. yards. allotted to the petitioner trust at the token rent of Rs.1 per sq.yards, without following due process of law. Even the valuation of the land-in-question was not done. Moreover, the inquiry as needed about the entitlement of the petitioner trust with respect to the members of the trust for whose benefit, the land-in-question allotted at token price, had not been made. Further the procedure for allotment of public land by auction or inviting application from the public, has not been followed. 12. As all these findings returned by the learned single Judge finding fault in the allotment process could not be successfully assailed by the learned counsel for the appellant/original petitioner, we do not find any good ground to interfere in the decision of the learned single Judge. 13. Moreover, as to the jurisdiction of the Collector to pass the impugned order, suffice it note that on an application filed by the District Development Officer, Bhavnagar to seek clarification of the judgment and order dated 21.12.2004, this court modified the order initially directing that the appropriate authority under the Gujarat Panchayat Act will exercise discretion and decide the matter. Moreover, as to the jurisdiction of the Collector to pass the impugned order, suffice it note that on an application filed by the District Development Officer, Bhavnagar to seek clarification of the judgment and order dated 21.12.2004, this court modified the order initially directing that the appropriate authority under the Gujarat Panchayat Act will exercise discretion and decide the matter. However, on a note for speaking-to-minutes, vide order dated 11.08.2005, it was clarified that in the order dated 26.04.2005, the group of words “Gujarat Panchayat Act’, should be read as ‘Gujarat Municipalities Act”. We therefore, did not find any error in the opinion drawn by the learned single Judge that the Collector being the appropriate authority under the Gujarat Municipalities Act, cannot be said to have erred in exercising powers under Section 258 of the Gujarat Municipalities Act in passing the order impugned dated 29.05.2008. 14. Having noted the above, it is clear that once initially the allotment of land-in-question by the then Shihor Nagar Panchayat vide Resolution dated 5.3.1992 was found to be contrary to the procedure for allotment, no error could be attached to the order of the Collector in permanently suspending the aforesaid Resolution passed by the general body of the Shihor Nagar Panchayat and issuing directions to restore the possession, which was prevailing prior to passing of the said resolution. 15. No error could be found in the decision of the learned single Judge in dismissing the writ petition. The appeal is dismissed being devoid of merits. The Civil Application also stands disposed of. No order as to the costs.