IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 17644 of 2025 FOR APPROVAL AND SIGNATURE:

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

Approved for Reporting Yes No ✔

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BHARVAD HARISHBHAI BECHARBHAI & ORS.

Versus STATE OF GUJARAT & ANR.

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Appearance:

MR. PRATEEK S BHATIA(8629) for the Petitioner(s) No. 1,2,3,4,5 MR. JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2 ===================================================

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

1. Issue RULE, returnable forthwith. Mr. Jayneel Parikh, learned Assistant Government Pleader waives service of Rule for and on behalf of the respondent – State authorities. With the consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing.

2. Heard Mr. Prateek S. Bhatia, learned advocate appearing for the petitioners and Mr. Jayneel Parikh, learned Assistant Government Pleader appearing for the respondent –

State authorities.

3. By way of the present petition, petitioners herein have invoked Article-226 of the Constitution of India, being aggrieved and dissatisfied by the impugned order dated 06.11.2025 passed in NA Application No. 31915202507150, whereby, the petitioners’ application for grant of Non-Agricultural use permission sought by the petitioners came to be rejected, in relation to the land situated at Survey No. 314/Paikee situated in Village: Harni, Tal.: Vadodara (North), Dist.: Vadodara, solely on the grounds of (I) alleged possible breach under land- fragmentation / ALC/ULC norms and (II) reliance upon the DLCR’s inconclusive / opined inability to furnish a verified affirmative report, which was wrongly construed as a negative adverse findings, without issuance of statutory notices, opportunity for document completion, or passing of a speaking and reasoned order containing findings, has given rise to the filing of the present Petition, wherein, petitioners have prayed for the following reliefs, which reads thus:

“7. For the reasons stated hereinabove, and such other as may be advanced at the time of hearing of this Petition, the Petitioner above named, most respectfully prays that:

(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. 31915202507150 (Annexure-A);

(B) Your lordships may be pleased to issue a writ of mandamus or any other writ of appropriate nature, order or direction, directing the collector to grant NA permission for land situated at Survey No. 314/p, situated in Village: Harni, Taluka Vadodara (North) 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.”

4.1. Mr. Bhatia, learned advocate submits that, the petitioners herein are the owners of the land situated at Survey No. 314/p, Village: Harni, Tal.: Vadodara (North), Dist.: Vadodara. The petitioners herein approached the respondent no.2 herein for grant of NA use permission as referred to herein-above under Section 65 of the Gujarat Land Revenue Code (for short ‘the Code’), which came to be rejected on the grounds as referred to herein-above.

4.2. Mr. Bhatia, learned advocate submits that the impugned order is contrary to the powers provided to the respondent no.2 to consider an application under Section 65 of the Code for grant of NA permission. It is submitted that, mere reference to a ‘possible breach’ under land ceiling or fragmentation provisions, without a formal finding or adjudication, is such that the impugned order is required to be interfered with, on the aforesaid grounds alone.

4.3. It is further submitted that, in its opinion of the Deputy Collector (Land Refor