Modification of Order dtd.

0.062203074589610274 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 8170 of 2016 [On note for speaking to minutes of order dated 06/03/2026 in R/SCA/8170/2016 ]

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KASHYAP JAGDISHCHANDRA PATEL Versus STATE OF GUJARAT & ORS.

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Appearance:

MR AMIT K DAVE(5860) for the Petitioner(s) No. 1 MR KT DAVE(257) for the Petitioner(s) No. 1 MR JAY TRIVEDI, AGP for the Respondent(s) No. 1 DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for the Respondent(s) No. 4 MR NACHIKET A DAVE(5308) for the Respondent(s) No. 4.1,4.2 NOTICE SERVED BY DS for the Respondent(s) No. 2,3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 16/03/2026

ORAL ORDER

This matter is listed on board pursuant to a Note for Speaking to Minutes filed by learned advocate for the petitioner, inter alia, stating that due to inadvertence, in the order dated 06.03.2026, some words have been left out which are required to be added with a view to avoid misinterpretation. Therefore, the words ‘it is alleged by the authority’ be added in the first line of Paragraph No. 2, which shall then be read as: ‘2. Learned advocate for the petitioner submits that it is alleged by the authority…’

I have perused the contents of the note. The note stands allowed. The Registry is directed to issue fresh writ accordingly.

(DIVYESH A. JOSHI,J)

GARVITA

0.062203074589610274 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 8170 of 2016 ==========================================================

KASHYAP JAGDISHCHANDRA PATEL Versus STATE OF GUJARAT & ORS.

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Appearance:

MR AMIT K DAVE(5860) for the Petitioner(s) No. 1 MR KT DAVE(257) for the Petitioner(s) No. 1 MR JAY TRIVEDI, AGP for the Respondent(s) No. 1 DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESENTATIVES for the Respondent(s) No. 4 MR NACHIKET A DAVE(5308) for the Respondent(s) No.

4.1,4.2 NOTICE SERVED BY DS for the Respondent(s) No. 2,3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 06/03/2026

ORAL ORDER

1. By way of filing present petition under Articles 226 and 227 of the Constitution of India, the petitioner has sought for the following main relief/s:

“A. This Hon’ble Court may be pleased admit and allow this petition.

B. This Hon’ble Court may be pleased to quash and set aside order of the Special Secretary (Appeal) Revenue Department, dated

27/4/2016 at “Annexure A”.”

0.062203074589610274

2. Learned advocate for the petitioner submits that the original land owner had leased out the subject land to the petitioner for a period of 99 years and therefore the concerned revenue authority had initiated proceedings under Section 73AA of the Bombay Land Revenue Code against the original owner and ultimately passed an order vesting the subject land in the Government. He submits that the notice issued by the concerned revenue authority has not been served to the original owner, despite that, in her absence, the impugned order came to be passed by the concerned revenue authority, which is confirmed by the higher revenue authorities. He submits that the heirs of original owner as well as present petitioner have challenged the said orders by way of preferring two different petitions. Both the petitions were heard together. He further submits that in the matter of original land owners, following order is passed and therefore the said direction is also required to be issued in the present matter also.

“1. Rule returnable forthwith. Learned AGP waives service of notice of Rule qua respondent Nos. 1 to 3 and learned advocate Mr. Amit K. Dave waives service of notice of Rule qua respondent No.4.

2. Learned advocate Mr. Nachiket Dave for the petitioners submits that proceedings under Section 73AA of the Bom