IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 2113 of 2025 With R/SPECIAL CIVIL APPLICATION NO. 16078 of 2024 With R/SPECIAL CIVIL APPLICATION NO. 16272 of 2024 ========================================================

SANJAY BALKISHAN PODDAR Versus STATE OF GUJARAT & ORS.

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Appearance:

R/SPECIAL CIVIL APPLICATION NO. 2113 of 2025 SHRENIK R JASANI(9486) for the Petitioner(s) No. 1 MR JK SHAH ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No.

1,2,3 R/SPECIAL CIVIL APPLICATION NO. 16078 of 2024 AND R/SPECIAL CIVIL APPLICATION NO. 16272 of 2024 MR JK SHAH ASSISTANT GOVERNMENT PLEADER FOR THE PETITIONER MS MEGHA JANI WITH AMRITA A PATEL FOR RESPONDENT NO.1 ========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 21/02/2025 ORAL ORDER

1. Heard learned Advocate Mr. Shrenik Jasani on behalf of petitioner in Special Civil Application No. 2113 of 2025, learned Assistant Government Pleader Mr. J.K.Shah on behalf of petitioner – State in Special Civil Applications No. 16272 of 2024 and 16078 of 2024, learned AGP Mr. Shah for respondent- State in Special Civil Application No. 2113 of 2025 and learned Advocate Ms. Megha Jani for learned Advocate Ms. Amrita Patel on behalf of respondent no. 1 on caveat in Special Civil Application No. 16078 of 2024 of 16272 of 2024.

2. Special Civil Application No. 2113 of 2025 calls into question an order passed by the Deputy Collector, Navsari dated 08.01.2025 more particularly whereby the Deputy Collector has set aside the order passed by the Mamlatdar, Jalalpore and observed that transactions with regard to the lands mentioned in the said order in favour of the petitioner in the writ petition as being in violation of Section 63 of the Tenancy Act and further directs the State to take appropriate action under the amended provisions of Section 63 (AB) or 63(AD) of the Land Revenue Code.

3. On the other hand vide Special Civil Applications No. 16078 of 2024 and 16272 of 2024 the State has challenged order dated 14.07.2023 passed by the Gujarat Revenue Tribunal in Revision Applications No. BA/122/21 and in Revision Application No. BA/199/19, more particularly whereby the Gujarat Revenue Tribunal has rejected the revision application preferred by the State i.e BA/122/21 and revision application preferred by the private respondents therein i.e. revision application being BA/199/19 has been allowed.

4. Considering the submissions made by learned Advocates for the respective parties, without going into greater detail, it would appear that the entire issue revolves around the status of the petitioner of Special Civil Application No. 2113 of 2025- respondent no. 1 of Special Civil Applications No. 16078 of 2024 and 16272 of 2024 as an agriculturist. The said party, claims to be an agriculturist by way of inheritance, more particularly contending that the father of the said party had purchased agriculture land in Bharuch District and whereas entry with regard to the same had already been mutated in the revenue record as far as back in the year 1998. It would appear that much later in a day, the said entry had been sought to be taken up in suo motu revision and whereas the said proceedings had been challenged by the father of the said party as well as the said party before this Court by preferring Special Civil Application No. 12536 of 2019, wherein a learned Co-ordinate Bench of this Court ( Coram: Hon’ble Mr.Justice A.J. Desai as his Lordships then was) vide order dated 22.07.2019 while issuing notice had granted interim relief in favour of the petitioner therein. It would appear that the said writ petition is pending consideration of this Court.

4.1 Insofar as the writ petitions preferred by the State are concerned, i.e Special Civil Applications No. 16078 of 2024 and 16272 of 2024, it would appear that in proceedings with regard to mutation of an entry as regards the land which was pu