IMPORTANT POINT
The status of an agriculturist by way of succession and family arrangement cannot be denied based on mutation entries, and the authorities must consider the relevant G.R. and legal principles in such cases.

JUDGMENT :

NIRZAR S. DESAI, J.

1. By way of this petition, petitioner has prayed for the following reliefs:

“(A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions quashing and setting aside the impugned orders dated 18.01.2022 and 10.02.2022 passed by the learned Deputy Collector (At Annexure-F COLLY) in application nos. 40305220000150 and 403052200001016 respectively and further be pleased to direct respondent no. 2 to issue a certificate of agriculturist in favour of petitioner.

(B) During the pendency and Final Disposal of the present petition YOUR LORDSHIPS may be pleased to stay operation, implementation and execution of the impugned orders dated 18.01.2022 and 10.02.2022 passed by the learned Deputy Collector (At Annexure-F COLLY) in application nos. 40305220000150 and 403052200001016 respectively and further be pleased to direct respondent no. 2 to issue a certificate of agriculturist in favur of petitioner.

(C) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case.”

2. Heard learned advocate Mr. Nishit P. Gandhi for the petitioner and learned AGP Mr. Nikunj Kanara for the respondent-State.

3. With consent of parties matter was taken up for final hearing. Hence, Rule. Learned AGP Mr. Nikunj Kanara waives service of notice of rule on behalf of the respondent-State.

4. Facts as stated in the petition and as narrated by learned advocate Mr. Gandhi at the time of hearing of the matter are stated as under:

4.1 The grand father of the petitioner namely Joitaram Gokaldas patel was the owner of number of parcel of land some of which are bearing survey Nos. 555, 732, 751 paiki, 846, 1146, 1147, 2565 and several other lands for which a revenue entry No. 245 of promulgation was mutated.

4.2 Thereafter on 07.04.1962 said Joitaram Gokaldas Patel expired and as per the then prevailing custom, name of his eldest son i.e. Ishwarbhai Joitaram Patel was mutated vide entry No. 2333 dated 27.05.19962. The said Ishwarbhai Joitaram Patel happens to be the uncle of the present petitioner.

4.3 According to the petitioner, the aforesaid properties were possessed and cultivated by all the heirs of deceased Jotaram Gokaldas Patel and the same were joint family properties and the name of Ishwarbhai Joitaram was mutated in the revenue record only as per the then prevailing customs and for the sake of convenience of the family and it has nothing to do with the rights of the family members over the property as the lands were being jointly possessed and cultivated by all the legal heirs of Joitaram Gokaldas Patel.

4.4 Thereafter a family arrangement among the family members took place and revenue entry No. 5160 was mutated on 23.12.1982 recording the aforesaid family arrangement and as per the aforesaid family arrangement, revenue survey No. 732 paiki 2, 846 paiki 2, 1147 paiki 2, 779/2 and 756 paiki came to share of father of the present petitioner, namely Ranchodbhai Joitaram. Thereafter, vide entry No. 5449 dated 08.09.1987 name of the petitioner was mutated qua land bearing survey No. 846 paiki 2 as the said land was given to the petitioner at the relevant point of time by his father Ranchodbhai Joitaram, and thereafter, vide entry No. 8484 dated 18.12.2009 name of all legal heirs of Patel Ranchodbhai Joitaram were mutated including the petitioner in the remaining land.

4.5 The name of the present petitioner and all other family members are shown in the revenue record i.e. village form No. 7/12 as well as 8A also.

4.6 According to the petitioner, the petitioner is an agriculturist and he is holding agricultural land on his own account, and therefore, as he was in need of a certificate of agriculturist, the petitioner preferred an application for getting the certificate as an agriculturist. However, upon rejection of the said application, the petitioner preferred another application for getting