IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 576 of 2026 In F/LETTERS PATENT APPEAL/1640/2026 In R/SPECIAL CIVIL APPLICATION/26801/2022 With F/LETTERS PATENT APPEAL NO. 1640 of 2026 In R/SPECIAL CIVIL APPLICATION NO. 26801 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2026 In F/LETTERS PATENT APPEAL NO. 1640 of 2026 In R/SPECIAL CIVIL APPLICATION NO. 26801 of 2022 FOR APPROVAL AND SIGNATURE:

HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY ==========================================================

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

STATE OF GUJARAT & ORS.

Versus ASHWINSINH S/O. HEMENDRASINH SARVAIYA ==========================================================

Appearance:

MS. HETAL PATEL, AGP for the Applicant(s) No. 1,2,3 MR.KISHORE PRAJAPATI(6305) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 16/02/2026

ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE D.N.RAY)

An additional affidavit in support of the delay condonation application, filed in the Court by Ms.Hetal G.Patel, learned Assistant Government Pleader, is taken on record.

1. Heard Ms.Hetal Patel, learned Assistant Government Pleader for the appellants-applicants and Mr.Kishore Prajapati, learned advocate for the respondent.

2. Brief facts leading to the institution of the present appeal, in nuce, are as under:-

2.1 The subject matter of the dispute concerns parcels of land bearing Survey No. 58 admeasuring 11,331 sq. mtrs., Survey No. 59 admeasuring 11,129 sq. mtrs., along with additional land admeasuring 3,035 sq. mtrs., situated at Rajkot. The said land was purchased by the original writ petitioner (hereinafter referred to as “the petitioner”) from Ramji Mandir Trust pursuant to permission granted by the Charity Commissioner under Section 36 of the Bombay Public Trusts Act. Thereafter, the petitioner sought non-agricultural permission under Section 65 of the Bombay Land Revenue Code; however, the application came to be rejected by the District Collector, Rajkot, vide order dated 22.07.2015.

2.2 Aggrieved by the aforesaid order, the petitioner preferred Revision Application No. 6 of 2015 before the Special Secretary (Appeals), Revenue Department. The revisional authority, by order dated 17.04.2017, dismissed the revision application and affirmed the order passed by the Collector.

2.3 Subsequently, the petitioner invoked the writ jurisdiction of this Court by filing Special Civil Application No. 13136 of 2017. The said petition was allowed, whereby the orders passed by the Collector and the revisional authority were quashed and set aside, and the competent authority was directed to reconsider the application under Section 65 in light of the observations made in Tusharbhai Dhanjibhai Ghelani v. State of Gujarat.

2.4 Pursuant to the aforesaid directions, the competent authority reconsidered the application; however, the same was again rejected vide order dated 04.08.2022, upon consideration of the prevailing factual and legal aspects concerning the land in question. Challenging the said order, the petitioner filed Special Civil Application No. 26801 of 2022. By oral order dated 02.01.2025, the learned Single Judge allowed the petition and set aside the order dated

04.08.2022.

3. Being aggrieved by the aforesaid oral order dated 02.01.2025 passed by the learned Single Judge in Special Civil Application No. 26801 of 2022, the appellant has preferred the present appeal.

4. Having perused the record, it is to be noted that this intra-court appeal is arising out of the judgment and order dated 02.01.2025 passed by the learned Single Judge in allowing the writ petition setting aside the order dated 04.08.2022 passed by the Collector, Rajkot with respect to consolidated Survey Nos.58 and 59, admeasuring 14,366 sq.