Modification of Order dtd.

C/LPA/269/2019 1 8 / 0 9 / 2 0 2 5 i n R / L P A / 2 6 9 / 2 0 1 9 ORDER DATED: 02/12/2025 undefined IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 269 of 2019 In R/SPECIAL CIVIL APPLICATION NO. 11056 of 2012 [On note for speaking to minutes of order dated 18/09/2025 in R/LPA/269/2019 ]

With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 269 of 2019 ==========================================================

STATE OF GUJARAT THRO PRINCIPAL SECRETARY & ANR.

Versus LEGAL HEIRS OF DECEASED GULABCHAND DEVRAJ SHAH & ORS.

==========================================================

Appearance:

GOVERNMENT PLEADER for the Appellant(s) No. 1,2 MR AR THACKER(888) for the Respondent(s) No. 1,1.2,1.3,1.4 MR NIKHILESH J SHAH(3007) for the Respondent(s) No. 2 UNSERVED EXPIRED (R) for the Respondent(s) No. 1.1 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 02/12/2025

ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

In the second line of the paragraph no. 2 on the first page of the judgment and order dated 18.09.2025, the measurement of the land in question recorded as “admeasuring 14 acres and 0 gunthas” be corrected and replaced as “admeasuring 40 acres (120 vighas).

With the above, the note for speaking to minutes stands disposed of.

(SUNITA AGARWAL, CJ )

(D.N.RAY,J)

VARSHA DESAI undefined IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 269 of 2019 In R/SPECIAL CIVIL APPLICATION NO. 11056 of 2012 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 269 of 2019 ==========================================================

STATE OF GUJARAT THRO PRINCIPAL SECRETARY & ANR.

Versus LEGAL HEIRS OF DECEASED GULABCHAND DEVRAJ SHAH & ORS.

==========================================================

Appearance:

MS. MAITHILI MEHTA, AGP for the Appellant(s) No. 1,2 MR AR THACKER(888) for the Respondent(s) No. 1,1.2,1.3,1.4 MR NIKHILESH J SHAH(3007) for the Respondent(s) No. 2 UNSERVED EXPIRED (R) for the Respondent(s) No. 1.1 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 18/09/2025

ORAL ORDER

(PER : HONOURABLE MR.JUSTICE D.N.RAY)

1. Having heard Ms.Maithili Mehta, learned Assistant Government Pleader for the appellants and Mr. A. R. Thacker, learned advocate with Mr. Shivang A. Thacker for the respondent No,1, 1.2 to 1.4 and Mr. Nikhilesh J. Shah, learned advocate for the respondent No. 2.

2. Brief facts of the case are as under:-

2.1 The land in dispute, bearing Revenue Survey No. 11, City Survey No. 38, Survey No. 3361, admeasuring 14 acres and 0 gunthas, situated at Mouje Anjar, Taluka and District Kutch (hereinafter referred to as “the said land”), was originally granted on leasehold basis by the erstwhile Ruler of Kutch under an order dated 30.03.1935. The lease was granted for a term of 25 years to one Jadavji Hansraj for the specific purpose of establishing and operating a ginning and processing unit. The grant was subject to certain terms and conditions. It appears from the record that the said Jadavji Hansraj transferred the said land to one Somchand Shankarlal Shah. Subsequently, in the year 1947, the transferee in turn conveyed the land to Premchand Vrajlal Shah. Thereafter, in the year 1969, Premchand Vrajlal Shah, by way of a gift deed, transferred the said land to Gulabchand Devraj Shah, the father of respondent no. 1 herein.

2.2 On 25.07.1977, the City Survey Superintendent, Anjar, passed an order recognizing Gulabchand Devraj Shah as the permanent leaseholder of the said land. However, the said order was not approved by the State Government on the ground that the land had not been utilized for the purpose for which it had been originally granted under the 1935 lease agreement. Si