##PAGE1##

NEUTRAL CITATION

C/SCA/14336/2025 ORDER DATED: 25/03/2026

0.4124556564073537

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14336 of 2025

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

YASH KISHORE MANDALIA & ANR.

Versus THE STATE OF GUJARAT & ANR.

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

Appearance:

TIRTH NAYAK(8563) for the Petitioner(s) No. 1,2 MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2

NOTICE SERVED BY DS for the Respondent(s) No. 2 =============================================

CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

Date : 25/03/2026

ORAL ORDER

1. Issue RULE, returnable forthwith. Mr. Jayneel Parikh, learned Assistant Government Pleader waives service of Rule for and on behalf of the respondent – State authorities. With the consent of the learned advocates appearing for the

respective parties, the matter is taken up for final hearing.

2. Heard Mr. Tirth Nayak, learned advocate appearing for the petitioners and Mr. Jayneel Parikh, learned Assistant Government Pleader appearing for the respondent – State

authorities.

3. By way of the present petition, petitioners herein have invoked Article-226 of the Constitution of India, being

Page 1 of 11 Uploaded by NEHA PRAJAPATI(HC01404) on Wed Mar 25 2026 Downloaded on : Sun Mar 29 17:50:12 IST 2026

NEUTRAL CITATION

C/SCA/14336/2025 ORDER DATED: 25/03/2026

0.4124556564073537

aggrieved and dissatisfied by the impugned order dated 25.08.2025, rejecting the petitioner’s application seeking permission for Non-Agriculture (N.A.) use being NA Application No.30708202505844, with respect to the land situated at Survey No. 69 (old Survey No. 92), admeasuring 28,536 sq.mtrs. situated at Village: Bhayala, Tal.: Bavla, Dist.: Ahmedabad, on the ground that the report was awaited with respect to the Ceiling proceedings that were drooped under Section 20(2) of the Gujarat Agricultural Lands Ceiling Act, 1960 (hereinafter referred to as ‘the Ceiling Act, 1960’ for the sake of brevity), wherein, the entry was certified as entry no.2441 on 19.09.1968. The impugned order dated 25.08.2025 is duly produced at Annexure-A, page-11. The aforesaid has given rise to the filing of the present Petition, wherein, petitioners have prayed for the following reliefs, which reads

thus:

“7. In the aforesaid facts and circumstances, the Petitioners pray that this Hon’ble Court may be pleased to:

(A) Issue writ of certiorari or any other appropriate writ, order or direction to quash and set aside the decision of the Respondent No.2 dated 25.08.2025 [at Annexure-A];

(B) Issue writ of mandamus or any other appropriate writ, order or direction and direct the Respondent No.2 to grant the Application dated 28.05.2025 [at Annexure-C] to grant NA Permission to the Petitioner in

accordance with law within 3 weeks;

(C) Pass such other and further orders as may be deemed just and

Page 2 of 11 Uploaded by NEHA PRAJAPATI(HC01404) on Wed Mar 25 2026 Downloaded on : Sun Mar 29 17:50:12 IST 2026

NEUTRAL CITATION

C/SCA/14336/2025 ORDER DATED: 25/03/2026

0.4124556564073537 expedient.”

4. Mr. Nayak, learned advocate submits that, in absence of any review or any negative opinion for the entry which was certified as back as on 19.09.1968 as entry no.2441, it is erroneous on the part of the respondent Collector to File such application on the ground that, it is not clear whether such entry was taken in the review or not. That there is no negative report produced on record under the Tenancy Act and in view thereof, petitioner’s application is erroneously ordered to be

Filed.

4.1. It is submitted that, even otherwise, while exercising the powers under Section 65 of the Gujarat Land Revenue Code, 1879 (hereinafter referred to as ‘the Code’ for short) the respondent no.2 – Collector is required to inquire only two aspects, i.e. whether the applicant/ petitioner is occupier of the land in question and is undertaking agriculture activities. In the facts of the present case, the revenue record estab