IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 9509 of 2024 With CIVIL APPLICATION (DIRECTION) NO. 1 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 9509 of 2024 FOR APPROVAL AND SIGNATURE:

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

Approved for Reporting Yes No =============================================

HITENDRABHAI GUMANBHAI MODI Versus STATE OF GUJARAT & ORS.

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Appearance:

MR MEHUL SHARAD SHAH(773) for the Petitioner(s) No. 1 DS AFF.NOT FILED (N) for the Respondent(s) No. 2,3,6 MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1 MR KETUL R PATEL(12782) for the Respondent(s) No. 4,5 =============================================

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

ORAL JUDGMENT

1. Issue Rule, returnable forthwith. Mr. Jayneel Parikh, learned AGP waives service of notice of rule for and on behalf of the respondent – State authorities.

2. Heard Mr. Mehul Sharad Shah, learned advocate appearing for the petitioner and Mr. Jayneel Parikh, learned AGP appearing for the respondent – State authorities.

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

“9. The petitioner, therefore, most respectfully prays that Your Lordships may graciously be pleased;

(A) to issue a writ of certiorari or any other appropriate writ, order or direction, quashing and setting aside the order dated 18.05.2024 (Annexure-A) passed by the learned SSRD in Revision Application No.84/2023 and also the order dated 09.03.2023 (Annexure-K) passed by the District Collector, Bharuch and thereby be further pleased to restore the order dated 31.05.2012 passed by the Deputy Collector and entry No.3298 (Annexure-F (Colly)) and also all other revenue entries pertaining to registered sale deeds.

(B) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to stay the execution, implementation and operation of the order dated 18.05.2024 (Annexure-A) passed by the learned SSRD in Revision Application No.84/2023 and order dated

09.03.2023 (Annexure-K) passed by the District Collector, Bharuch;

(C) to pass such other and further orders as may be expedient and necessary in the circumstances of the case.”

4. The petitioner herein has invoked Article 227 of the Constitution of India challenging the impugned order dated 18.05.2024 passed in Revision Application No.84/2023 by the learned SSRD confirming the order passed by the District Collector, dated 09.03.2023, in Suo-Motu Revision wherein, by the impugned orders, the revised entry No.3298 mutated in the revenue record on 13.06.2012 for land bearing Survey No.78 (Old Survey No.284), Taluka : Ankleshwar, pursuant to the order passed by the Deputy Collector in No.Tenancy/Vashi, dated 31.05.2012, stands cancelled and all the consequential entries are also cancelled. The aforesaid has given rise to the filing of the present petition.

5. Briefly stated that, the petitioner herein purchased the land bearing Survey No.78 (Old Survey No.284) of village : Kapodra, Taluka : Ankleshwar, by way of a registered sale deed from Raj Jitendra Gajera on 27.09.2022 and revenue entry No.4170 was mutated in the revenue record on 27.09.2022, which was duly certified on 15.11.2022. Copy of the same is duly produced at Annexure – I to the petition. When the petitioner purchased the land, the land was showing as old tenure land. The aforesaid was also recorded in the earlier mutation entries wherein, no objection is ever raised regarding the tenure of the land. Copy of 7/12 extract are produced at Annexure – J to the petition.

5.1 Surprisingly, after a period of 10 years of the order passed by the Deputy Collector and mutation of entry No.3298 on 13.06.2012, the District Collector in exercise of suo-motu powers under Rule 108(6) of the Gujarat Land Revenue Rules, 1972 (for short ‘the Rules’) took the order passed by the Deputy Collector under the T