Modification of Judgment dtd. 27/02/2026 in R/SCA/6067/2018

0.4858490203020731 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6067 of 2018 [On note for speaking to minutes of order dated

27/02/2026 in R/SCA/6067/2018 ]

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KADRI MOHMMEDHUSSEIN PIRMIYA Versus COLLECTOR, & ORS.

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Appearance:

DEV D PATEL(8264) for the Petitioner(s) No. 1 MR JAY TRIVEDI AGP for the Respondent(s) No. 1,2,3,4 =======================================================

CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 20/03/2026 ORAL ORDER In view of the averments made in the note for speaking to minutes, the same is allowed.

Therefore in Paragraph Nos.2.2, 4.2, 5, 5.1 and 8 of the order dated 27.02.2026, instead of “18 Guntha”, it should be read as “20 Guntha”.

Registry to carry out necessary correction and issue fresh writ accordingly.

(DIVYESH A. JOSHI, J.)

Gautam R/SCA/6067/2018

0.4858490203020731 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6067 of 2018 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE DIVYESH A. JOSHI ==========================================================

Approved for Reporting Yes No ==========================================================

KADRI MOHMMEDHUSSEIN PIRMIYA Versus COLLECTOR, & ORS.

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Appearance:

MR DEV D PATEL(8264) for the Petitioner(s) No. 1 MS SURBHI BHATI, AGP for the Respondent(s) No. 1,2,3,4 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 27/02/2026 ORAL JUDGMENT

1) By filing the present petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

(A) Your Lordships may be pleased to admit and allow this petition.

(B) Your Lordships may be pleased to issued a writ of certiorari or a writ in the nature of certiorari by quashing and setting aside the impugned order dated 20/01/2018 in MVV/ HKP/Gir/47/2017 passed by the Special Secretary Revenue R/SCA/6067/2018

0.4858490203020731 Department Ahmedabad.

(C) Such other and further relief that is just, fit and expedient in the facts and circumstances of the case may be granted.

2) The case of the petitioner can be summarised in a nutshell as under:

2.1) The original property owner is the owner and occupant of the land bearing Survery No. 1594(678), Hectare 0-31-36 Are. The said property is divided into two parts and one portion has been purchased by the petitioner by way of executing a registered sale deed. The size of the property purchased by the petitioner is 15 Are 13 Square Meters. Pursuant to execution of a registered sale deed, an entry was mutated in the revenue record on 04.04.2014 vide Entry No. 24416. The said entry had not been certified by Mamlatdar, Veraval. The said entry was cancelled by assigning the reasons that notices under Section 135D of the Bombay Land Revenue Code were issued to the respective parties. The transactions had taken place between the parties by way of execution of a registered sale deed, however, the petitioner failed to produce a certificate of agricultural status.

2.2) Therefore, being aggrieved by and dissatisfied with the said decision of the Mamlatdar, an appeal had been filed before the Deputy Collector. The said appeal had not been entertained by R/SCA/6067/2018

0.4858490203020731 assigning the reasons that the petitioner had already produced a certificate of his status of an agriculturist by way of producing certain revenue records. However, the record reveals that the area of the property is less than 18 Gunthas and, therefore, the said transaction would clearly fall under the category of breach of the provisions of the Fragmentation Act. Being aggrieved by and dissatisfied with the said decision, a revision application was preferred before the Collector and the said view also confirmed by the Special Secretary (Appeal