IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 19693 of 2018 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE DIVYESH A. JOSHI ==========================================================

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

BABUBHAI ISHWARBHAI PATEL Versus STATE OF GUJARAT & ORS.

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Appearance:

MR VIKRAM J THAKOR(2221) for the Petitioner(s) No. 1 MR ROBIN PRASAD(9344) for the Petitioner(s) No. 1 MR JAY TRIVEDI, AGP for the Respondent(s) No. 1 MR NV GANDHI(1693) for the Respondent(s) No. 7,9 MR ASHOK A PUROHIT(6267) for the Respondent(s) No.

10,7.1,7.2,7.3,7.4,7.5,8,9.1,9.2,9.3,9.4,9.5 NOTICE SERVED BY DS for the Respondent(s) No. 1,11,2,3,4,5,6 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 16/02/2026

ORAL JUDGMENT

1. By way of filing present petition under Article 226 of the Constitution of India, petitioner has prayed for following reliefs:

(A) That Your Lordship may be pleased to admit and allow this petition.

(B) That Your Lordship may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned order dated 9.6.2017 passed by the Ld. Special Secretary, Revenue Department (Appeals), State of Gujarat in Revision No. MVV/HKP/AMD/219/2013 at Annexure-A, order dated 23.8.2013 passed by Ld. District Collector in LB Revision Application No.285 of 2011 at Annexure-I and order dated 18.4.2011 passed by Ld. Dy. Collector, Viramgam Prant in RTS Appeal No. 11 of 2009 at Annexure-H and be pleased to restore the revenue entry no.1440 dated 28.11.2007 (Annexure-D).

(C) Pending admission, hearing and till final disposal of this petition, by way of interim relief, Your Lordship may be pleased to stay the operation, implementation and execution of the impugned order dated 9.6.2017 passed by the Ld. Special Secretary, Revenue Department (Appeals), State of Gujarat in Revision No. MVV/HKP/AMD/219/2013 passed by Ld. District Collector in LB Revision Application No. 285 of 2011 at Annexure-I and order dated 18.4.2011 passed by Ld. Dy. Collector, Viramgam Prant in RTS Appeal No.11 of 2009 at Annexure-H, in the interest of justice.

(D) Grant such other and further relief(s) as deemed just and proper by this Hon'ble Court in the interest of justice.

2. The case of the petitioners can be summarized in a nutshell as under:

2.1 Petitioner herein has become owner and occupant of the land bearing survey no.1 (Old survey no.181) admeasuring 7891 sq meters and survey no.857 (Old survey no.186 paiki admeasuring 7588 sq.mtr and survey no.186 paiki admeasuring 11534 sq. meters) in all total land admeasuring 27013 sq. meters situated in the village Kukvav, Tal. Detroj-Rampura, Dist: Ahmedabad. The subject land belongs to total 8 persons i.e. Solanki Babiba Bhagwantsang and 7 others. They had executed a registered power of attorney in favour of Shri Bharatkumar Kalidas Patel. Pursuance to which a sale deed had been executed between the power of attorney holders of the original property holders and petitioner. The amount of sale consideration had already been paid up and registered sale deed had been executed before the competent authorities. Pursuance to which an entry was mutated in the revenue record on 28.11.2007 vide entry no.1440. As the document is registered and as per the provision of Section 135(C) of the Gujarat Land Revenue Code, if any registered document is to be placed before the competent revenue authority, in that event, as per the provision of the Statute the revenue authority has to make an entry by mutating the same in the revenue record, and subsequently, the said entry was certified on 31/01/2008. The respondent nos.7 to 10 were aggrieved with the said entry, therefore, they had challenged the said entry by way of preferring appeal before the Deputy Collector. After considering and app