IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 3214 of 2026 ===================================================

BABUBHAI NAGJIBHAI GAJERA & ORS.

Versus THE STATE OF GUJARAT & ORS.

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Appearance:

MR MEHUL SHARAD SHAH(773) for the Petitioner(s) No.

1,2,3,4,5 NAJMUDDIN R MEGHANI(7834) for the Petitioner(s) No.

1,2,3,4,5 GOVERNMENT PLEADER for the Respondent(s) No. 1,2 ===================================================

CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI Date : 10/03/2026 ORAL ORDER

1. Draft Amendment dated 02.03.2026 is allowed and the same is directed to be carried-out forthwith.

2. Heard Mr. Mehul Sharad Shah, learned advocate appearing for the petitioners.

3. By way of preferring the present petition, petitioners herein have challenged the impugned notice issued on 03.11.2024 issued by the Deputy Collector, Lathi, the breach of Condition Case No. 7 of 2025, whereby, the Deputy Collector has initiated the proceedings under Section-68 of the Gujarat Land Revenue Code, 1879 (Annexure-A), for the registration sale deed entered into as back as on 06.01.1975 (Annexure-C) for which relevant mutation entry no. 1440 is mutated and duly certified on

15.11.1997 in the revenue record (Annexure-D).

4. It is submitted that, the impugned show cause notice is issued after a period of more than 50 years, the same is as such beyond the jurisdiction of the respondent authority. To substantiate his submissions, Mr. Shah, learned advocate relied on the decision rendered in the case of Bharatbhai Vegda v/s.

State of Gujarat reported in 2016(2) GLR 1021.

5. Prima-facie, submissions advanced by Mr. Shah, learned advocate appearing for the petitioners require consideration. Issue NOTICE returnable on 10.04.2026. Mr. Jayneel Parikh, learned AGP waives service of notice on behalf of

6. Let there be interim relief in terms of Para-8-C.

7. Direct service is permitted qua rest of the (VAIBHAVI D. NANAVATI,J)

Pradhyuman