IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14203 of 2025 ==============================================================

ASHWINBHAI HANSRAJBHAI VEKARIYA Versus STATE OF GUJARAT & ORS.

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Appearance:

ADITYA A GUPTA(7875) for the Petitioner(s) No. 1 MS DEVANSHIBA RANA, AGP for the Respondent(s) No. 1,2,3 ==============================================================

CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI Date : 17/03/2026

ORAL ORDER

1. Heard Mr. Aditya A. Gupta, learned advocate appearing for the petitioner and Ms. Devanshiba Rana, learned AGP appearing for the respondent – State authorities.

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

9. Therefore, the Applicant prays as under:-

a) YOUR LORDSHIPS BE PLEASED to issue an appropriate writ in the nature of certiorari or any other writ, order or direction to quash and set aside the impugned communication dated 21.04.2025 passed by Mamlatdar, E-Dhara, Jasdan at Annexure G(Colly) to this application and to further direct the Respondents to mutate the name of the Petitioner in the revenue records including Form No. 7-12 extracts of land bearing Survey No. 309- 1 situated at Village Virnagar, Taluka Jasdan District Rajkot in the interest of justice.

b) YOUR LORDSHIPS BE PLEASED to direct the Respondents to maintain status quo with respect to the revenue records of land bearing Survey No. 309-1 situated at Village Virnagar, Taluka Jasdan, District Rajkot pending admission and final disposal of the present matter in the interest of justice. c) YOUR LORDSHIPS BE PLEASED to direct the Respondents to mutate the name of the Petitioner in the revenue records including Form No. 7-12 extracts of land bearing Survey No. 309-1 situated at Village Virnagar, Taluka Jasdan, District Rajkot pending admission and final disposal of the present matter in the interest of justice.

d) YOUR LORDSHIPS BE PLEASED to grant such further and other reliefs, as may be deemed to be just and proper.”

3. Briefly stated that the Jivanbhai Bhimabhal Vekariya was the owner of land bearing Survey No. 64 admeasuring 15,581 sq mtrs and Survey No. 309/1 admeasuring 19,425 sq mtrs, both situated at Village Virnagar, Taluka Jasdan District Rajkot and vide Entry No. 3403, partition was carried out by Jivanbhai Bhimabhai as per which land Survey No. 64 admeasuring 15,581 sq. mtrs. came to the share of Ramaben Jivanbhai Vekariya. The land bearing Survey No. 309/1 admeasuring 19,425 sq mtrs, situated at Village Virnagar, Taluka Jasdan, District Rajkot (for short, “subject land”) came to the share of Pareshbhai Jivanbhai Vekariya.

3.1. Pareshbhai Jivabbhai Vekariya sold the land bearing Survey No. 309-1 admeasuring 19,425 sq. mtrs. vide registered sale deed bearing No. 2100 dated 25.06.2010 for a sum of Rs 4,90,000 to Hansrajbhal Jivarajbhai Vekariya. In respect of this transaction, Entry No. 3661 was mutated in the revenue records. Thereafter, Ramaben Jivanbhai Vekariya sold the land bearing Survey No. 64 admeasuring 15,581 sq. mtrs. vide registered sale deed bearing no. 2080 dated 13.07.2018 for a sum of Rs 5,61,000 to Kanubhau Keshubhai Hirpara and Entry No. 5478 was mutated in the revenue records with respect to this transaction. Thereafter, Jalpaben Jivanbhai Vekariya challenged the partition Entry No. 3403 as well as subsequent sale Entry Nos. 3661 and 5478 by way of appeal before the Deputy Collector. The appeal with respect to land bearing Survey No. 64 admeasuring 15,581 was registered as Case No. 27 of 2019 whereas appeal with respect to land bearing Survey No. 309-1 admeasuring 19,425 sq. mtrs. was registered as Case No. 28 of 2019. The Deputy Collector rejected appeal in Case No. 27 of 2019 vide order dated 24.08.2020, however, allowed the appeal in Case No. 28 of 2019 vide order dated 24.08.2020. Consequently, partition entry no. 3403 to the extent it applies to land bearing Survey