IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 9388 of 2017 ==========================================================

MAHEDIKHAN HAMJEKHAN PATHAN Versus STATE OF GUJARAT & ORS.

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Appearance:

MR MAULIK R SHAH(6385) for the Petitioner(s) No. 1 MR. ADITYA PATHAK, LD. ASST. GOVERNMENT PLEADER for the Respondent(s) No. 1,2 MR MOHMEDSAIF HAKIM(5394) for the Respondent(s) No. 5 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 10/02/2026

ORAL ORDER

1. Rule returnable forthwith. Learned advocate Mr. Hakim waives service of notice of rule for and on behalf of the respondent No.5, and learned AGP waives service of notice of rule for and on behalf of the State-respondents.

2. By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs;

“(A) Your Lordships may be pleased to issue a writ of certiorari and/or a writ in the nature of certiorari and/or appropriate writ, order or direction to quash and set aside order dated 10.2.2017 in Revision Application No.MVV/HKP/ANAND/173/2016 passed by the Secretary, Revenue Department (Appeals)-respondent No.1 and Order dated 12.5.2016 passed by Collector, Anand in RTS/RA No.184/2015/VASHI 5720 to 5725; and order dated 10.10.2014 in Application No.26 of 2013 passed by Deputy Collector, Borsad, Anand;

(B) Pending hearing and final disposal of the present petition, Your Lordships may be pleased to stay operation and implementation of order 10.2.2017 in Revision Application No.MVV/HKP/ANAND/173/2016 passed by the Secretary, Revenue Department (Appeals)-respondent No.1 and Order dated 12.5.2016 passed by Collector, Anand in RTS/RA No.184/2015/VASHI 5720 to 5725; and order dated 10.10.2014 in Application No.26 of 2013 passed by Deputy Collector, Borsad, Anand;

(C ) An ex-parte ad interim relief in terms of prayer (B)

above may kindly be granted;

(D) Such other and further relief/s as may be deemed just and necessary in the facts and circumstances of the present case may kindly be granted.”

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

3.1 The writ applicant is the owner and occupant of the land bearing Survey No.162/8/2 situated at Village:Borsad. The subject land was owned and occupied by the father of the writ applicant since 1929 and then by the writ applicant herein.

3.2 One Ahmadkhan Daudkhan sold the subject land to one Ahmedkhan Lalkhan, i.e., the father of the respondent No.5, on the basis of which, an entry being Mutation Entry No.8356 came to be mutated in the revenue record, however, the same was not certified.

3.3 The writ applicant challenged the aforesaid Entry No.8356 before the Deputy Collector by filing revision along with the delay condonation application being Application No.26 of 2013 before the Deputy Collector, Borsad. The said delay condonation application was rejected by the Deputy Collector, Borsad vide its order dated 10.10.2014.

3.4 The writ applicant challenged the aforesaid order dated 10.10.2014 before the Collector, Anand by filing revision application being Revision Application No.RTS/RA No.184/2015/VASHI 5720 to 5725. The Collector, Anand rejected the said revision application vide its order dated 12.05.2016, and confirmed by order passed by the Deputy Collector.

3.5 The writ applicant challenged the aforesaid order of the Collector dated 12.05.2016 before the SSRD by filing revision being Revision Application No.MVV/HKP/ANAND/173/2016, who vide its order dated 10.02.2017 rejected the said application and confirmed the order passed by the Collector, Anand.

3.6 Being aggrieved, the writ applicant is here before this Court with the present application.

4. Learned advocate Mr. Maulik R. Shah appearing for the writ applicant submits that the impugned orders passed by all the three revenue authorities are unjust, unreasonable, unfa