IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 1984 of 2025 With R/SPECIAL CIVIL APPLICATION NO. 2385 of 2025 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI ==============================================================

Approved for Reporting Yes No 

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STATE OF GUJARAT THROUGH DEPUTY COLLECTOR & ANR.

Versus LH OF LT SHARAFALI ISHABHAI LH OF LT FATMABANU SHARAFALI WD/O SHARAFALI SAFKAT HUSSAIN SHARAFALI LE & ORS.

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Appearance:

MR JAYNEEL PARIKH, AGP for the Petitioner(s) No. 1,2 MS. KRUTI M SHAH(2428) for the Respondent(s) No. 24,25,26 ==============================================================

CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI Date : 10/02/2026 COMMON ORAL JUDGMENT ORDER IN SPECIAL CIVIL APPLICATION NO. 1984 OF 2025:

1. Rule returnable forthwith. Ms. Kruti Shah, learned advocate waives service of Rule for and on behalf of respondent nos. 24 to 26.

2. Heard Mr. Jayneel Parikh, learned AGP appearing for the petitioner and Ms. Kruti Shah, learned advocate appearing for the private respondent nos. 24 to 26.

3. With the consent of the learned advocates appearing for the respective parties, the matters are taken up for final hearing.

4. By way of the present petition, the petitioner has prayed for the following reliefs:

“7. I say and submit that in the premise aforesaid, the petitioner most humbly prays that:

(A) YOUR LORDSHIPS may be pleased to admit and petition:

allow the present (B) YOUR LORDSHIPS may be pleased to quash and set aside the order dated 02.06.2017 passed by the Ld. Gujarat Revenue Tribunal APPLICATION in NO. REVISION TEN/BA/15/2017 in tenancy at Annexure-"A".

(C) Pending the hearing your lordship be please to stay the order dated 02.06.2017 passed by the Ld. Gujarat Revenue Tribunal in REVISION APPLICATION NO. TEN /BA/15/2017 in tenancy at Annexure-"A".

(D) Be please to pass any further order.”

5. It is submitted that the petitioner is challenging the order passed by the Gujarat Revenue Tribunal (G.R.T.) in Revision Application No. TEN/BA/15 of 2017 dated 02.06.2017 whereby, the Tribunal quashed and set aside the order dated 07.04.2016 passed by the Deputy Collector and the Prant Officer, Dahod in Tenancy Appeal No. 2 of 2014 mainly, on the ground that the Tribunal grossly erred in interfering with the order passed by the Deputy Collector, Dahod vide order dated 02.06.2017 having allowed the revision preferred by the respondent no. 1 as legal heirs of Late Sharafali Ishabhai and Fatmabanu Sharafali, challenged the order dated 17.05.1976 passed by the Mamlatdar and ALT, Dahod in Tenancy Appeal No. 419 of 1975 after a delay of 34 years of the said proceedings having been initiated by the respondent no. 1.

6. Brief facts leading to the filing of the present petition read thus:

6.1. The respondent no. 26 – Kutubuddin Nirrudin Ravat preferred an application for seeking Non-Agricultural (NA) permission for land bearing Survey No. 964 paiki 1 under Section 65 of the Gujarat Land Revenue Code, 1879 (for short, “the Code”) on 04.02.2023, pursuant to which reports were called for from various authorities and it is at that time, it came to the knowledge of the authorities that such order was passed by the Gujarat Revenue Tribunal (G.R.T.). Thereafter, the proposal was forwarded for seeking permission to file Special Civil Application and such permission was granted by the Legal Department on 21.01.2025 which has given rise to the filing of the present petition.

6.2. After the order passed by the G.R.T., the respondent sold the land by way of two separate registered sale deeds for which entries are mutated in the revenue record as Entry No. 30903 and 30904 duly produced at Annexure-E to the petition. It is submitted that against the order by the Mamlatdar and ALT declaring Bhaljibhai Gajiya and Panglabhai Gajiya as Protected Tenant was challenged before th