Reserved On : 16/10/2025 Pronounced On : 09/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 18088 of 2013 FOR APPROVAL AND SIGNATURE:

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

Approved for Reporting Yes No No ========================================================== HEIRS OF DECD. BECHARJI VANAJI- MENABEN @ NAYANABEN GAGAJI @ GANDAJI THAKOR & ORS.

Versus STATE OF GUJARAT & ORS.

==========================================================

Appearance:

MR MEHUL SHARAD SHAH(773) for the Petitioner(s) No. 1,1.1,1.2,2,3 MR JAY BAROT AGP for the Respondent(s) No. 1 MR SHAIVANG D MEHTA(5623) for the Respondent(s) No. 5 NOTICE SERVED BY DS for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 2,3,4,5 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

CAV JUDGMENT

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

“9A) to issue a writ of certiorari or any other appropriate writ, order or direction, quashing and setting aside the order dated 8.10.2013 (dispatched on 18.10.13) passed by the learned Secretary, Revenue Department (Appeals) respondent No.1 herein, in Revision Application No.10/2010 as as well as the order passed by the District Collector, Gandhinagar, dated 31.7.2010, in Appeal No.67/2008 and also the order dated 28.2.1991 passed by the Prant Officer, in Case 0.192/82 and thereby restore the possession of the petitioners with respect to the land bearing Survey No. 750 (Block No.723) of village Magodi, Taluka & District: Gandhinagar; (B) Alternatively, to issue a writ of mandamus or any other appropriate writ, order or directing the Collector, Gandhinagar to regrant the land bearing Survey No. 750 (block 723) of village Magodi to the petitioners on appropriate conditions, as per the Government Circular, in the interest of justice; (C) Pending admission, hearing and final disposal of this petition, Your Lordship may be pleased to stay execution, operation and implementation of the order dated 8.10.2013 (dispatched on 18.10.13) passed by the learned Secretary, Revenue Department (Appeals) - respondent No.1 herein, in Revision Application No.10/2010 as well as the order passed by the District Collector, Gandhinagar, dated 31.7.2010, in Appeal No.67/2008 and also the order dated 28.2.1991 passed by the Prant Officer, in Case No.

192/82;

(D) Pending admission, hearing and final disposal of this petition, Your Lordship may be pleased to direct the parties to the petition to maintain status quo qua the possession and title of the land bearing Survey No.750 (Block No.723) of village Magodi, Taluka & District:

Gandhinagar;

(E) to pass such other and further order/s as may be just and necessary in the circumstances of the case”

2. The factual matrix giving rise to the present writ petition is that the land bearing Survey No.750 (Block No.723), admeasuring 3 Acres 20 Gunthas, situated at village Magodi, District Gandhinagar, was mutated in the name of Becharji Vanaji by Entry No.117 in the year 1952. Upon repeal of the Bombay Inam Act in 1958, Becharji was granted land as new and restricted tenure. The name of Shanabhai Manabhai was entered in the revenue record in the column of “right of cultivation,” without any transfer, sale, or gift by the petitioners. On the basis of this entry, a breach case being Case No.192 of 1982 was registered but no notice was issued to the petitioners up-until the year 1990. A show-cause notice dated 19.11.1990 was issued to petitioner No.3, and thereafter the Prant Officer passed an ex parte order dated 28.02.1991 holding the land to be new tenure land transferred without permission and ordering it to vest in the Government. That upon coming to know of the said order in 1999, petitioner No.3 and another heir filed Regular Civil Suit No.149 of 1999 for declaration and injunction, and also challenged the Prant Officer’s order b