Reserved On : 15/10/2025 Pronounced On : 10/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 9036 of 1992 With CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 9036 of 1992 FOR APPROVAL AND SIGNATURE:

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

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

SHRADHDHA LAND CORPORATION & ORGANISERS Versus STATE OF GUJARAT & ORS.

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Appearance:

MR DHAVAL D. VYAS SR. COUNSEL with MR SAURABH J MEHTA(2170)

for the Petitioner(s) No. 1 DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for the Respondent(s) No. 3,3.1,4 DELETED for the Respondent(s) No. 3.1.4 MR JAYNEEL PARIKH AGP for the Respondent(s) No. 1,2 MS TRUSHA PATEL SR. COUNSEL with MR NIRAV C SANGHAVI(5950) for the Respondent(s) No. 3.1.1,3.1.2,3.1.3,4.1,4.2,4.4,4.5 MS SEJAL K MANDAVIA(436) for the Respondent(s) No. 5 RULE SERVED for the Respondent(s) No. 4.3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

CAV JUDGMENT

1. By the present Special Civil Application, the petitioner is praying for the following reliefs :-

“(A) to quash and set aside the order No.SRD/LND/B/76/84 dated 3/12/1988 of the second respondent, (B) to stay pending the hearing and final disposal of this petition operation, implementation and execution of the said order and to restrain the respondents nos.1 and 2, their officers and servants from disturbing the petitioners' possession of the Lands, (C) to grant such other and further reliefs as this Hon'ble Court may deem fit and proper, (D) to provide for the cost of this petition.”

2. The factual matrix in the present case is that the subject land being Survey No.91, Block No.78, situated at Village Mota Borsara, Taluka Mangrol, District Surat admeasuring 5 Acres 29 Guntha, was of the ownership of the respondent Nos.3 and 4 by way of heirship. That the land was of restricted tenure under Section 43 of the Gujarat Tenancy and Agricultural Land Act, 1948 [hereinafter referred to as “Tenancy Act” for short]. That on 03.08.1982, the respondent Nos.3 and 4 applied for Non-Agricultural Use Permission (NA Use Permission) under Section 65 of the Gujarat Land Revenue Code [hereinafter referred to as “Code” for short] seeking permission to use the land for non-agricultural purpose. At the relevant point of time, the Taluka Panchayat was empowered to grant such NA use permission. On 14.09.1982, by the Resolution No.26, the Committee of the Taluka Panchayat granted NA use permission in respect of the subject land. That thereafter by order dated 17.09.1982, the Taluka Development Officer issued NA use permission to the respondent owners subject to the conditions enumerated in the order. The said NA use permission was sought for construction of Industrial Sheds. That thereafter, by the registered sale deeds dated 07.04.1983 and 11.04.1983, the petitioners herein purchased the subject land from the respondent owners. That on

22.10.1982, in terms of the NA use permission, the respondent owners had paid Rs.17,915.30 towards premium amount. That thereafter, by the orders dated 01.06.1983 and 19.10.1983, the learned Mamlatdar was pleased to cancel the mutation entries in favour of the petitioner herein since the subject land was not converted to old tenure and no premium was determined under Section 43 of the Tenancy Act. Further, the land being of restricted tenure, no prior permission was taken by the respondent owners. That on 07.05.1984, the suo motu proceedings came to be initiated by the Secretary (Appeals), Revenue Department and the show cause notice came to be issued to the respondent owners as to why the order dated 17.09.1982 passed by the Taluka Development Officer granting NA use permission should not be cancelled. The said suo motu proceedings were i