IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6289 of 2016 With R/SPECIAL CIVIL APPLICATION NO. 6291 of 2016 FOR APPROVAL AND SIGNATURE:

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

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

TARABEN SOMABHAI PATEL & ORS.

Versus STATE OF GUJARAT & ORS.

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Appearance:

VENU H NANAVATY(7458) for the Petitioner(s) No. 1,2,3,4,5 MS SURBHI BHATI, AGP for the Respondent(s) No. 1,2,3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 17/02/2026 ORAL JUDGMENT

1) By way of filing the present petition under Articles 226 and 227 of the Constitution, the petitioner has assailed the order dated 06.01.2015 passed by the Collector in N.A. proceedings and confirmed by the Special Secretary (Appeals) Revenue Department, in revision proceedings dated 08.12.2015 and has prayed for the following reliefs in Special Civil Application No.

6283 of 2016:

“(A) YOUR LORDSHIPS may be pleased to admit and allow this petition;

(B) YOUR LORDSHIPS may be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction by quashing and setting aside the impugned order:

(i) At Annexure-A dated 21.11.2015 passed by respondent no.2 – Secretary (Appeals), Revenue Department in Revision Application No. MVV/BKP/KH.D/02/2015;

(ii) At Annexure-B dated 06.01.2015 passed by the Ld.

Collector, Kheda;

(C) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents and mainly respondent no.3 – Collector, Kheda to immediately grant the application at Annexure-CC under Section 65 of The Gujarat Land Revenue Code in the interest of justice;

(D) Pending admission, hearing and final disposal of this petition, YOUR LORDSHIPS be pleased to stay the implementation, execution and operation of order:

(i) At Annexure-A dated 21.11.2015 passed by respondent no.2 – Secretary (Appeals), Revenue Department in Revision Application No. MVV/BKP/KH.D/02/2015;

(ii) At Annexure-B dated 06.01.2015 passed by the Ld.

Collector, Kheda;

(E) Pending admission, hearing and final disposal of this petition, YOUR LORDSHIPS be pleased to direct the respondents, their employees, officers, agents and servants to immediately grant the application at Annexure-CC under Section 65 of The Gujarat Land Revenue Code in the interest of justice for land bearing Survey no. 2284/1 situated at Moje: Killedar Parti, Taluka: Nadiad, District: Kheda.

(F) Such other and further relief or relieves as may be deem fit, just and proper, in the facts and circumstances of the case;’’

and in Special Civil Application No. 6291 of 2016:

“(A) YOUR LORDSHIPS may be pleased to admit and allow this petition;

(B) YOUR LORDSHIPS may be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction by quashing and setting aside the impugned order:

(i) At Annexure-A dated 21.11.2015 passed by respondent no.2 – Secretary (Appeals), Revenue Department in Revision Application No. MVV/BKP/KH.D/01/2015;

(ii) At Annexure-B dated 06.01.2014 passed by the Ld.

Collector, Kheda;

(C) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents and mainly respondent no.3 – Collector, Kheda to immediately grant the application at Annexure-BB under Section 65 of The Gujarat Land Revenue Code in the interest of justice;

(D) Pending admission, hearing and final disposal of this petition, YOUR LORDSHIPS be pleased to stay the implementation, execution and operation of order:

(i) At Annexure-A dated 21.11.2015 passed by respondent no.2 – Secretary (Appeals), Revenue Department i