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2026 Supreme(Online)(Guj) 11439

NEUTRAL CITATION

C/SCA/5101/2026 ORDER DATED: 10/04/2026


IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


R/SPECIAL CIVIL APPLICATION NO. 5101 of 2026


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AMRUTLAL CHAGANLAL PRAJAPATI & ANR.

Versus COLLECTOR, GANDHINAGAR & ORS.


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Appearance:

ADITYA A GUPTA(7875) for the Petitioner(s) No. 1,2

GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3


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CORAM:

HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI


Date : 10/04/2026

ORAL ORDER

1. Heard Mr. Aditya A. Gupta, learned advocate appearing for the petitioners.

2. By way of the present petition, the petitioner herein challenges the impugned order dated 20.03.2026 passed by the SSRD in Revision Applicaiton No. MVV/HKP/Gadhan/166/2023 challenging the order dated 25.09.2023 passed by the Collector in suo moto revision proceedings in case bearing No. RTS/Suo Moto/Adalaj/Revision/S.R./17/2021 wherein by the order dated 25.09.2023, the entry of the Will mutated in the revenue record being Mutation Entry No. 8312 with respect to land bearing Survey No. 1427 at Moje: Adalaj, Taluka & District: Gandhinagar was cancelled on the ground that the land in question was new tenure land and the said entry was posted in the revenue record. The said order is challenged by the petitioners before the SSRD wherein pending the revision application, there was an order of status quo and the operation of the Collector was stayed, however, finally the revision is rejected by the impugned order dated 20.03.2026 which has given rise to the filing of the present petition.

2.1. Mr. Gupta, learned advocate relies on Annexure-C wherein on 02.09.2002, the land is converted into old tenure. One of the legal heirs of the executor of the Will – Kusumben Bapalal Jethalal challenged the said revenue entry by way of RTS/Appeal//S.R./117 of 2009 which was rejected by the order dated 13.04.2011 by the Prant Officer, Gandhinagar. The heirs also preferred Regular Civil Suit No. 11 of 2012 before the Principal Senior Civil Judge, Gandhinagar which came to be allowed. Thereafter, challenging the said judgment, the petitioners preferred Regular Appeal No. 49 of 2015 before the District Court, Gandhinagar. However, in appeal proceedings, the parties arrived at a settlement wherein by order dated 15.04.2017 order came to be disposed of in terms of settlement.

2.2. In view thereof, the same having attained finality before the competent Civil Court, the initiation of the impugned proceedings suo moto by the Collector at Gandhinagar by way of suo moto/Adalaj/Revision/S.R./17 of 2021 as such is without jurisdiction. The land is also converted to an old tenure land as back as in the year 2002.

3. Submissions made by Mr. Gupta, learned advocate prima facie require consideration.

4. Issue notice making it returnable on 04.05.2026. Ms. Devanshiba Rana, learned AGP waives service of notice for and on behalf of respondent no. 3.

5. In the interregnum period, let there be interim relief in terms of paragraph No. 10(C).

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