IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 16738 of 2025 =============================================

HASUMATIBEN HARESHBHAI PATEL & ORS.

Versus THE STATE OF GUJARAT & ANR.

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Appearance:

PRATEEK S BHATIA(8629) for the Petitioner(s) No. 1,2,3,4,5,6,7,8,9 MS DEVANSHIBA RANA, AGP for the Respondent(s) No. 1,2 =============================================

CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI Date : 13/03/2026

ORAL ORDER

1. Issue Rule, returnable forthwith. Ms. Devanshiba Rana, learned AGP waives service of Rule for and on behalf of the respondent – State authorities.

2. With the consent of learned advocates appearing for the respective parties, the matter is taken up for final hearing.

3. Heard Mr. Prateek S. Bhatia, learned advocate appearing for the petitioners and Ms. Devanshiba Rana, learned AGP appearing for the respondent – State authorities.

4. By way of present petition, the petitioners herein have challenged the impugned order dated 06.11.2025 passed in Non-Agriculture (NA) Application No.31903202507063 whereby, the petitioners’ application for Non-Agricultural permission in relation to the land situated at Survey/Block No.775 (Old No.842), Village : Pipaliya, Taluka : Waghodia, District : Vadodara, came to be rejected on the ground that there is negative opinion by the Deputy Collector wherein, the respondents herein is in process of taking appropriate steps under the Gujarat Agricultural Land Ceiling Act. The aforesaid has given rise to the filing of the present petition for the following reliefs:

“(A) Your Lordships may be pleased to issue a writ of certiorari or writ in the nature of certiorari or any other appropriate writ, order or direction, to quash and set aside the Order dated 06.11.2025 passed in NA Application No.31903202507063 (Annexure-A);

(B) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate nature, order or direction, directing the collector to grant NA permission for land situated at Survey/Block No.775 (Old No.842), Village-Pipaliya, Taluka-Waghodia, District-Vadodara in the interest of justice;

(C) Grant such other and further relief(s) as may be deemed fit in the interest of justice and equity.”

5. Briefly stated that, the petitioners herein are owners of the land situated at Survey/Block No.775 (Old No.842), Village : Pipaliya, Taluka : Waghodia, District : Vadodara (for short ‘the subject land’). The subject land was originally owned by one Shri Ambalal Muljibhai Patel and upon his death on 18.11.1995, the names of the legal heirs i.e. the petitioners were mutated in the revenue record by way of revenue entry No.3828.

6. Mr. Prateek Bhatia, learned advocate appearing for the petitioners submit that during the lifetime of the predecessor of the petitioners, Ceiling Case No.4/76 was originally initiated before the Mamlatdar, which concerned with the agricultural lands of the applicants’ predecessor. The Mamlatdar, initially withdrew the ceiling notice by order dated 12.12.1990. The said order was taken into revision before the Prant Officer, Dabhoi, wherein, by order dated 01.10.1981, the Mamlatdar’s order was set aside and it was held that Ambalal and Jagubhai were entitled to only two units collectively, and declared that part of land as surplus wherein, mutation entry No.1085 for the same was mutated in the revenue record. The aforesaid was challenged by the predecessor of the petitioners before the Gujarat Revenue Tribunal by way of Revision Application No.TEN/BA/28/1982 wherein, by order dated 24.08.1982, the Tribunal quashed the order dated 01.10.1981 and directed inquiry under Section 42A, by hearing all the interested parties.

6.1 The Deputy Collector remanded the matter to the Mamlatdar by order dated 30.04.1983 for fresh inquiry observing that the land held as on 01.04.1976 required factual verification. The Mamlatdar, by order dated 24.10.1986 in Remand Case No.348/86, declared 31 Acr