IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 16498 of 2016 ==========================================================

NAGINBHAI BHAGABHAI PATEL Versus STATE OF GUJARAT & ORS.

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Appearance:

MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1 MR NISHIT P GANDHI(6946) for the Petitioner(s) No. 1 DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for the Respondent(s) No. 7 DS AFF.NOT FILED (R) for the Respondent(s) No. 2 MR SIDDHARTH RAMI AGP for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 3,4,5,6,7.1,8 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 22/09/2025

ORAL ORDER

1. The present Special Civil Application is filed praying 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 direction quashing and setting aside order dated 27/08/2011 passed by the respondent - District Collector in CH/RTS/Revision/Case No.33 of 2012 (at Annexure-H hereto) as well as the order dated 27/06/2016 passed by the respondent – SSRD in Revision Application No.MVV/Hakap/NVS/55 of 2012 (at Annexure-I hereto)

(B) During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to stay further operation, execution and implementation of the impugned order dated 27/08/2011 passed by the respondent - District Collector in CH/RTS/Revision/Case No.33 of 2012 (at Annexure-H hereto) as well as the order dated 27/06/2016 passed by the respondent – SSRD in Revision Application No.MVV/Hakap/NVS/55 of 2012 (at Annexure-I hereto).

(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. The factual matrix in the present case is that the land bearing new block No.558 situated at Mouje Village Chari, Taluka Chikhli, District Navsari belonged to one Kanjibhai Bhanabhai. That, vide mutation entry No.1618 dated 09.08.2001, the names of the heirs of deceased Kanjibhai Bhanabhai were also mutated in the revenue record. That thereafter, on the death of Bhikhiben, the names of her heirs also came to be mutated in the revenue record. That, the land in question was shown as old tenure land in village form 7/12. That on 04.12.2009, the mutation entry No.1829 came to be mutated, whereby the mistake of showing the land as old tenure fragment came to be corrected and the entry of fragment came to be deleted. The petitioner herein purchased the land from the heirs of the original owner by way of registered sale deed dated 01.02.2010 and accordingly, the revenue entry No.1835 dated 05.02.2010 was also mutated in the revenue record with regard to the aforesaid sale transaction. The said entry also came to be certified by the competent authority on 30.03.2010. That on 06.05.2011, the respondent No.5 Lilavatiben @ Parvatiben, daughter of Chibhabhai Suskhabhai Rathod preferred RTS/Appeal/Case No.92 of 2011 before the Deputy Collector, Chikhli challenging the entry of registered sale deed being mutation entry No.1835 mutated in favour of the petitioner on the ground that her father was given the subject land by way of gift deed by the original owner Kanjibhai Bhanabhai in the year 1950 and that the revenue entry No.438 was also mutated in the revenue record for the same. The said entry, however, was never certified. The respondent No.4 Deputy Collector rejected the said appeal of the respondent No.5 by the order dated 30.11.2011. Aggrieved, the respondent No.5 challenged the said order by filing Revision Application No.CH/RTS/Revision/Case No.33 of 2012 before the Collector, Navsari. By the order dated 27.08.2012, the learned Collector held that the land in question was not transferred in favour of the father of the respondent No.5 by way of gift deed and the same was of the ownership of Kanjibhai Bhanabhai