IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 3097 of 2025 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI ==============================================================

Approved for Reporting Yes No 

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BHUMIKABEN D/O JANAKKUMAR BRAHMBHATT W/O CHIRAJ RAJENDRAKUMAR RAO Versus COLLECTOR , AHMEDABAD & ANR.

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Appearance:

MR SUNIL S JOSHI(2925) for the Petitioner(s) No. 1 MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2 ==============================================================

CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI Date : 02/03/2026

ORAL JUDGMENT

1. Rule returnable forthwith. Mr. Jayneel Parikh, learned AGP waives service of notice of Rule for and on behalf of respondent authorities.

2. Heard Mr. Manish Bhatt, learned Senior Counsel with Mr. Sunil S. Joshi, learned advocate appearing for the petitioner and Mr. Jayneel Parikh, learned AGP appearing for the respondent authorities.

3. By way of the present petition, the petitioner herein has invoked Article 226 of the Constitution of India being aggrieved and dissatisfied by the impugned order dated 11.02.2025 passed by the respondent no. 1 - Collector, Ahmedabad whereby the petitioner’s application bearing Application No. 3071720413826 for Non- Agricultural use of the agricultural land belonging to the petitioner came to be rejected, the same being in violation of the settled principles of law laid down in the case of Tushar Ghelani Vs. State of Gujarat reported in 2019 (4) GLR 2578.

4. The petitioner herein has prayed for the following reliefs which read thus:

“20. Under the aforesaid premise, the petitioner most respectfully prays to Your Lordships that:

(A) Be pleased to issue a writ of mandamus or certiorari or a writ in the nature of mandamus or certiorari or any other appropriate writ, order or direction, quashing and setting aside the order dated 11.2.2025 passed by the Collector, Ahmedabad i.e. respondent No.1 bearing Application No.3071720413826;ut Amax.Α.&

(B) Pending admission, hearing and final disposal of the captioned petition, be pleased to stay the execution, implementation and operation of the order dated 11.2.2025 passed by the Collector, Ahmedabad i.e. respondent No.1 bearing at Ammor. A Application No.3071720413826 and further be pleased to consider the application of the petitioner afresh in the light of the law laid down by this Hon'ble Court reported in 2019 (4) GLR 2578;

(C) Be pleased to grant any other and further relief in the facts and circumstances of the matter.”

5. Brief facts leading to the filing of the present petition read thus:

5.1. The petitioner herein purchased the land situated at Village: Thaltej, Taluka: Ghatlodiya, District: Ahmedabad bearing Survey/Block.No.445/2 (for short, "the subject land"), admeasuring 1526 sq.mts., which is included in Town Planning Scheme No.214 and allotted Final Plot No. 12/2 admeasuring 1068 sq.mts. The petitioner purchased the subject land from its erstwhile owners by a registered sale deed dated 18.01.2024, the mutation entry of which is recorded in the revenue record vide Mutation Entry No. 17271 dated

18.01.2024 duly produced at Annexure-B to the petition.

5.2. The land in question was owned by one Nalinkant Kantilal and the said owner by a registered sale deed dated 15.04.1994 sold the same to Shri Saraswati Smruti Kheti Sahakari Mandali Limited and the said sale deed was mutated in the revenue record as Mutation Entry No. 7408 duly certified by the concerned revenue officer on 17.12.1994 duly produced at Annexure-C to the petition. The said Sahakari Mandali was, thereafter, divided and on account of such division, the said land had gone in the share of Saraswati Smruti Samudayik Kheti Sahakari Mandali Limited, Vighag-2. The said division came to be mutated in Village Form No. 6 of the said land vide Mutation Entry No.7730 and 8051 da