Reserved On : 16/10/2025 Pronounced On : 10/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 1128 of 2018 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE ==========================================================

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

SHANTIBEN KAMASHIBHAI VAGHRI Versus SPECIAL SECRETARY(APPEALS), & ORS.

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Appearance:

MR VIMAL A PUROHIT(5049) for the Petitioner(s) No. 1 DELETED for the Respondent(s) No. 10,17,18,19,20,3,4,5,6,8 MR JAYNEEL PARIKH AGP for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 11,12,13,14,15,16,2,7,9 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

CAV JUDGMENT

1. The present Special Civil Application is filed praying for the following reliefs:-

“27(A) YOUR LORDSHIP'S may kindly be pleased to issue a writ of mandamus or any other appropriate writ, order or direction quashing and setting aside order dated 29.11.2017 passed in Revision Application No. MVV/HKP/AMD/232/2016 by the respondent no.1- Special Secretary Revenue Department(Appeals). Ahmedabad as well as order dated 17.01.2016 passed by learned District Collector in Case No. LB/RA No. 722/2014 as well as order dated 22.07.2014 passed by learned Deputy Collector in Case No.

RTS/APPEAL/CASE NO. 28/2013 as well as order dated 27.06.2012 passed by Circle office of cancelling mutation entry nos. 8924, 8925 and 8926;

(B) YOUR LORDSHIP'S may kindly be please to direct the concerned respondent authority to certify the mutation entry nos. 8924, 8925 and 8926 and may further kindly be pleased to declare that the action on the part of respondent authority of cancelling the said mutation entries illegal. unlawful. arbitrary. without jurisdiction and bad in eyes of law;

(C) During the pendency and final disposal of the present petition. YOUR LORDSHIPS may be pleased to the stay implementation. operation and execution of the order dated 29.11.2017 passed in Revision Application No. MVV/HKP/AMD/232/2016 by the respondent no.1- Special Secretary Revenue Department(Appeals). Ahmedabad as well as order dated 17.01.2016 passed by learned District Collector in Case No. LB/RA No. 722/2014 as well as order dated 22.07.2014 passed by learned Deputy Collector in Case No. RTS/APPEAL/CASE NO. 28/2013 as well as order dated 27.06.2012 passed by Circle office of cancelling mutation entry nos. 8924, 8925 and 8926 and further be pleased to direct the respondents herein to maintain status quo with regards to the land in question in the interest of justice;

D) Any other and further relief that may deem fit by this Hon'ble Court thin the interest of justice;”

2. The factual matrix giving rise to the present writ petition is that the petitioner purchased agricultural land situated at Mouje Hansalpur (Shere), Taluka Viramgam, District Ahmedabad, bearing Survey No. 155 paiki. The land was purchased through three registered sale deeds dated 28.02.2006, 31.03.2006, and 19.01.2007. On the basis of these sale deeds, mutation entries No. 8924, 8925 and 8926 came to be posted in the revenue record. The Circle Officer, Viramgam, thereafter cancelled mutation entries No. 8924, 8925 and 8926 on the ground that the petitioner was not an agriculturist and that the transactions were in violation of the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 [hereinafter referred to as “Fragmentation Act” for brevity] and Section 135D(8) of the Gujarat Land Revenue Code [hereinafter referred to as “Code” for brevity]. Being aggrieved, the petitioner filed Appeal before the Deputy Collector, Viramgam (Prant), which came to be rejected by order dated 22.07.2014, thereby confirming the cancellation of the entries. The petitioner then preferred Revision Application before the District Collector, Ahmedabad, which was rejected