IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 8841 of 2014 FOR APPROVAL AND SIGNATURE:

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

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

DADBHAI AMRUBHAI VARU & ORS.

Versus STATE OF GUJARAT & ORS.

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Appearance:

MR AMAR D MITHANI(484) for the Petitioner(s) No. 1,2,3,3.1,4 MR PREMAL S RACHH(3297) for the Petitioner(s) No. 1,2,3,3.1,4 MR JAY TRIVEDI, AGP for the Respondent(s) No. 1 RULE SERVED BY DS for the Respondent(s) No. 2,3,4 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 19/02/2026 ORAL JUDGMENT

1) By way of filing the present petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs:

“(A) be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the order passed by respondent no. 4 on 18.9.2010 refusing to certify mutation entry No. 5426 in favour of petitioners endorsed in the revenue record and same is reflected in Village Form No. 6 at Annexure-A to this petition, order dated 9.4.2013 passed by respondent no. 3 in Appeal Case No. 8/2011-12 at Annexure- B to this petition, order dated 22.8.2013 passed by respondent No.2 rejecting the appeal preferred by the petitioners being Case No. 89 of 2013 at Annexure-C to this petition and the order passed by respondent No.1 in Revision Application No.82 of 2013 dated 10.4.2014 at Annexure-D to this petition;

(B) Pending admission and final disposal of this petition, Your Lordships will be pleased to stay further execution, operation and implementation of the order passed by respondent No. 4 on 18.9.2010 refusing to enter mutation entry No. 5426 mutated in the revenue record i.e. Village Form No. 6 in favour of the petitioners at Annexure-A to this petition, order dated 9.4.2013 passed by respondent No. 3 in Appeal Case No. 8/2011-12 at Annexure-B to this petition, order dated 22.8.2013 passed by respondent No. 2 rejecting the appeal preferred by the petitioners being Case No. 89 of 2013 at Annexure-C to this petition and the order passed by respondent No. 1 in Revision Application No. 82 of 2013 dated 10.4.2014 at Annexure-D to this petition;

(C) Be pleased to award the cost of this petition;

(D) 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 petitioners can be summarised in a nutshell as under:

2.1) The petitioners state that land bearing Survey No.171 paiki 90, admeasuring 4 Hectares, 04 Are and 70 square meters situated at Village Katar, Taluka Rajula, District Amreli was originally alloted to Rajula Taluka Anusuchit Jati Samudayik Mandali under the provisions of Section 29 of the Gujarat Agricultural Land Ceiling Act, 1960. The land was granted to the Rajula Taluka Anusuchit Jati Samudayik Mandali in the year 1983 and entry was accordingly mutated in the revenue record and subsequently certified by the competent revenue authority.

2.2) In the year 2001, the Government of Gujarat passed a Resolution dated 10.05.2001 providing for conversion of land from new tenure to old tenure. Pursuant to which the concerned revenue authority initiated proceedings and issued notice to the said Mandali on 10.05.2004 for conversion of the said land from new tenure to old tenure. The society agreed to accept the terms and conditions imposed by the concerned authorities and paid the required premium amount. Consequently, the Deputy Collector, Rajula passed order on 26.07.2004 converting the land from new tenure to old tenure pursuant to which an entry has been mutated in the revenue record. Thereafter, the said Mandali has sought permission from the District Registrar, Cooperative Societ