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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 862 of 2010 In R/SPECIAL CIVIL APPLICATION NO. 13612 of 2008 With R/SPECIAL CIVIL APPLICATION NO. 13612 of 2008 [Reasoned order dated 13/08/2025 in R/LPA/862/2010 ]

FOR APPROVAL AND SIGNATURE:

HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY =============================================

Approved for Reporting Yes No √

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JADEJA MULJI SONJI & ORS.

Versus THE REGISTRAR OF GUJARAT REVENUE TRIBUNAL -

AHMEDABAD & ORS.

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Appearance:

MS NILAM CHAUHAN WITH MR ABHIJIT RATHOD FOR MR MEHUL H RATHOD(701) for the Appellant(s) No. 1,2,3,4 MS MAITHILI MEHTA, ASST.GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3 =============================================

CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 13/08/2025 ORAL JUDGMENT (PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. This intra-court appeal is directed against the judgment and order dated 10.07.2009 passed by the learned Single Judge in dismissing the writ petition filed by four persons

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claiming to be heirs and legal representatives of Sonji Adesingh, the original owner of the land in question. The contention of the appellants/original petitioners is that the total land holdings of the father of the petitioners, namely Sonji Adesingh, admeasuring 90-Acre 28-Gunthas of two villages Masali and Madhpura of Taluka Vav, District Banaskantha, were ancestral lands inherited by Sonji Adesingh. On 07.06.1975, Sonji Adesingh had expired. The four petitioners herein (one son and three daughters of Sonji Adesingh) had jointly inherited the lands of late Sonji. A Revenue Entry No.219 of village Madhpura and Revenue Entry No.176 of village Masali of heirship of late Sonji was recorded on 20.07.1975 by entering the names of all four appellants herein. In both the entries, subsequently one line was added that the three sisters had relinquished their rights, which was later disputed by them by way of a Civil Suit No.35 of 1999, wherein a decree has been passed on 20.12.1999, declaring the shares of all the four heirs of Sonji Adesingh, to the extent of 1/4^th in the total area of the land holdings of Sonji Adesingh.

2. The Gujarat Agricultural Land Ceiling Act, 1960 came into force on 01.04.1976. The appellant No.1 (son of Sonji Adesingh) had filled Form No.II on his behalf and on behalf of his sisters. It seems that there was some mistake in showing the total land holdings in Form No.II, which was later corrected. It is, thus, clear that after death of the father namely, Sonji Adesingh, in the year 1976, an ALC Act Form No.II was submitted by petitioner No.1, the son of the original

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owner, declaring the total land holdings indicating in the form itself that there were five members in the family. The ceiling case was registered by the Mamlatdar as Ceiling Case No.232 of 1976 and by order dated 15.03.1982, the Mamlatdar held that from the total land holding, an area of 52-Acres and 25- Gunthas shall have to be declared as surplus. Out of the total area declared as surplus, approx. 25-Acres and 35-Gunthas of lands of village Masali and 26-Acres and 31-Gunthas of lands of village Madhpura, were included.

3. Aggrieved, the petitioners approached the Deputy Collector in Ceiling Appeal No.77 of 1982 wherein while allowing the appeal vide order dated 25.09.1982, the matter was remanded back to the Mamlatdar for fresh consideration. The Ceiling Case No.232 of 1976, after remand, was tried by the Mamlatdar under Section 21(7) of the Gujarat Agricultural Land Ceiling Act, 1960 (in short as “the Ceiling Act, 1960”). By order dated 12.03.1994, the Mamlatdar held that the petitioner No.1 is entitled to hold 54-Acres of land whereas

31-Acres 2

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