IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14065 of 2017 ==========================================================

JAIKISHAN KHEDUT GANOTIYA KHETI SAHAKARI MANDLI LTD.

Versus DISTRICT COLLECTOR & ORS.

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Appearance:

MR BHARAT R PANDYA(543) for the Petitioner(s) No. 1 MR RUSHI A BAROT(8993) for the Petitioner(s) No. 1 MS NIDHI VYAS AGP for the Respondent(s) Nos.1 to 3 MS ARCHANA R ACHARYA(2475) for the Respondent(s) No. 4 NOTICE SERVED for the Respondent(s) No. 5 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 14/10/2025

ORAL ORDER

1. The present Special Civil Application was listed on 13.10.2025 and was mentioned to take up for hearing by the learned counsel for the respondent No.4 after due intimation to the learned counsel for the petitioner. When the matter was called out on 13.10.2025, the learned counsel for the petitioner was not present and therefore, the present Special Civil Application was kept for hearing today. Today also, when the matter is called out for hearing, the learned counsel for the petitioner is not present. It is submitted by the learned counsel for the respondent No.4 that the learned counsel for the petitioner was duly intimated the factum of hearing on 13.10.2025. Since the learned counsel for the petitioner has remained absent on 13.10.2025 as well as today, the Special Civil Application is taken up for final hearing in absence of the learned counsel for the petitioner. Further, there is no request made by the learned counsel for the petitioner on his behalf by any proxy counsel for any adjournment.

2. The present Special Civil Application has been filed praying for the following reliefs :-

“A. Be pleased to allow the present petition.

B. Be pleased to quash and set aside the order dated 14.09.2016 passed by the Ld. Revenue Secretary S.S.R.D., Ahmedabad in Appeal No.54 of 2006 for the lands bearing Survey No.1025 situate in the sim of Village Augnaj, Ta.

Dascroi, Dist.: Ahmedabad.

C. Be further pleased to restore Mutation Entry No.4376 & 4377 Dt. 17.01.1996 and upheld the order of disapproving the Mutation Entry No.4195 for the lands bearing Survey No.1025 situate in the sim of Village Augnaj, Ta. Dascroi, District Ahmedabad.

D. Any other further order in the facts and circumstances of the case may pleased be passed.

E. The costs of the present proceedings may please be awarded.”

3. The factual matrix in the present case is that the agricultural land bearing survey No.1025 admeasuring 1 Acre 34 Guntha situated at Village Augnaj, District Dascroi, District Ahmedabad was originally owned by one Salaji Godaji. The mutation entry No.346 dated 20.11.1956 came to be effected in favour of the said person. The said Salaji Godaji expired on 20.12.1958 and the name of his son Dolaji Salaji, who was father of the respondent Nos.5 to 8, came to be mutated in respect of the subject land by way of heirship by mutation entry No.443 dated 30.09.1960. After passing away of said Dolaji Salaji, the names of the respondent Nos.5 to 8 came to be mutated by way of heirship vide mutation entry No.3823 dated 19.07.1994. That thereafter, the respondent Nos.5 to 8 executed a registered sale deed No.109 dated 07.01.1995 in favour of the father of the respondent No.4. By another registered document No.110 dated 07.01.1995, the respondent Nos.5 to 8 also executed the indemnity bond and declaration confirming the sale in favour of the father of the respondent No.4 upon receiving the complete sale consideration and the possession was also handed over to the father of the respondent No.4 herein. That, on the basis of the registered sale deed, the name of the father of the respondent No.4 came to be mutated by mutation entry No.4195 dated 30.04.1995. However, by the order dated 14.06.1995, the learned Mamlatdar cancelled the said mutation entry on the ground that the sale was in breach of the