Reserved On : 30/01/2026 Pronounced On : 12/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6753 of 2021 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Sd/-

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Approved for Reporting Yes No 

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HANUMAN POLYESTER PRIVATE LIMITED & ORS.

Versus GITABEN D/O BALWANTBHAI PATEL AND W/O SUBHASHBHAI PARBHUBHAI PATEL & ORS.

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Appearance:

MR KK TRIVEDI(934) for the Petitioner(s) No. 1,2,3 KRUPABEN S LIMBACHIYA(7851) for the Respondent(s) No. 1 MR.CHIRAG B UPADHYAY(6735) for the Respondent(s) No. 1 MR. JAY TRIVEDI, LD. AGP for the Respondent(s) No. 2,3,4 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

CAV JUDGMENT

1. By way of this writ application under Article 226 of the Constitution of India, the writ applicants have called in question the legality and validity of the order dated 09.11.2020 passed by the Deputy Collector, Mandvi Prant in Revision/Appeal No.8/2018 and the order dated 01.11.2018 passed by the Mamlatdar, Mandvi in Mamlatdars’ Court Case Register No.4 of 2018.

2. Facts, in brief, giving rise to the filing of the present writ application may be summarized as under;

2.1 The land bearing Block No.95 (Old Revenue Survey Nos.57/1 and 65) of Village: Karanj, Taluka: Mandvi, District: Surat, admeasuring 21145 square meters was developed for non-agricultural-industrial purposes by the original land owners, namely, Laxmiben Bhagabhai Patel and others.

2.2 The District Panchayat had granted permission for industrial use of the land under the provisions of Section 65 of the Gujarat/Bombay Land Revenue Code, 1879 by order dated

26.11.1993.

2.3 The writ applicant No.1 purchased industrial sub-plot Nos.1 to 3 from the predecessor in title of the land through various registered sale deeds upon payment of valuable sale consideration, and its name entered into the revenue record by various mutation entries. The writ applicant No.2 purchased industrial sub-plot Nos.4 to 7 from the predecessor in title of the land through various registered sale deeds upon payment of valuable sale consideration, and its name also came to be entered into the revenue record by various mutation entries. The writ applicant No.3 is one of the original owners and holding sub-plot Nos.9 to 18 in Block No.95.

2.4 The said Block No.95 is surrounded by Block No.94 at its northern side, Block No.97 and 99 at its southern side, Block No.103 & 104 at its eastern side, and at the western side,there is a road called Molvan road.

2.5 The land bearing Block No.94/1/1 (Old Revenue Survey No.55, 56, 67/1, 67/2 and 68/1) was jointly owned by the respondent No.1 and her four sisters. The said Block No.94/1/1 has an independent entry from the Molvan road and the respondent No.1, one of the joint owners of the said Block No.94/1/1 had never utilized any road from the land bearing Block No.95.

2.6 Thereafter, on 30.05.2016, a family partition took place amongst the owners of the land bearing Block No.94/1/1, whereby the said Block No.94/1/1 was sub-divided into five different sub-blocks viz. Block Nos.94/1/1/A to 94/1/1/E, wherein the respondent No.1 got Sub-Division Block No.94/1/1/E abutting Block No.95, and in the said partition deed also, there is no reference about right of way of the respondent No.1 from the internal road of the land bearing Block No.95.

2.7 The respondent No.1 and other co-owners were using the road abutting at its eastern boundary of Block No.94/1/1. The family partition does not affect the right of way of the Block No.94/1/1/E from the rest of the part of the Block No.94/1/1/A to D, more particularly, 94/1/1/D.

2.8 There is 9.14 meter (30 feet) wide internal road situated between Sub-Plot Nos.1,2 & 3 and Sub-Plot Nos.4,5,6 & 7 of Block No.95. The internal road is provided for sub-plots of the land b