IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15353 of 2019 FOR APPROVAL AND SIGNATURE:

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

Approved for Reporting Yes No 

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SHAH DIPAKKUMAR OMPRAKASH & ORS.

Versus STATE OF GUJARAT & ORS.

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Appearance:

MR DIPEN C SHAH(3374) for the Petitioner(s) No. 2,3,4,5,6 MR SATYAM Y CHHAYA(3242) for the Petitioner(s) No. 1 MR. DHAVAL TRIVEDI, AGP for the Respondent(s) No. 1,2,3,4,5 ===================================================

CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI Date : 17/03/2026 ORAL JUDGMENT

1. Issue RULE, returnable forthwith. Mr. Dhaval Trivedi, learned Assistant Government Pleader waives service of Rule for and on behalf of the respondent – State authorities. With the consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing.

2. Heard Mr. Satyam Chhaya, learned advocate appearing for the petitioners and Mr. Dhaval Trivedi, learned Assistant Government Pleader appearing for the respondent –

State authorities.

3. By way of the present petition, petitioners herein have prayed for the following reliefs:

“10. In view of the aforesaid facts, contentions and submissions, the petitioner most respectfully prays as under: -

a. That the Hon’ble Court be pleased to issue appropriate writ in the nature of writ in the nature of certiorari or writ, order or direction and thereby quashing and setting aside the impugned judgment and order dated 29^th May 2018 in Revision Application No. MVV / JMN/VDD/6/2016.

b. That the Hon’ble Court be pleased to stay implementation and execution of impugned order dated 29^th May 2018 in revision application no. MVV/ JMN/VDD/6/2016 till the pendency of the present petition and further be pleased to restrain the respondents from any coercive measures over is in possession of the said land on the date of preferring the present petition.

c. Such other and further relief or relieves as may be deem fit, just and proper, in the facts and circumstances of the case.”

4.1. Briefly stated that, one Mr. Somabhai Kalabhai Naik, executed a Will in favour of the petitioner- Dipakbhai Omprakash Shah on 07.05.1984 (Annexure-A) for the land bearing Survey No. 18/2 comprising of land admeasuring 7689 sq.mtrs. at Village: Karodia, Tal. & Dist.: Vadodara (for short ‘the subject matter land / land in question’). The mutation entry no. 811 on the basis of the Will dated 07.05.1984 was mutated in the revenue record and was certified on 23.04.1992 (Annxure-E) and on the basis of the Probate certificate from the Civil Court in Probate Application No. 176 of 1992 was issued on 13.07.1992 (Annexure-C) and on the basis of the same, the entry no. 827 (Annexure-D) was mutated in the revenue record on 20.01.1993.

The aforesaid entry no. 827 was certified on 25.02.1993.

4.2. Since the year 1984, the petitioners - occupiers of the land in question and the name of the petitioners were mutated in the revenue record, more particularly, records of rights as back as on 23.04.1992 and the same is continued in the revenue record for the period of more than 20 years, without any objection from any of the parties or authorities.

4.3. The Deputy Collector, Vadodara, after the period of more than 20 years initiated the suo-motu proceedings under Section 79-A of the Gujarat Land Revenue Code (for short ‘the Code’), though there was huge delay in initiating the aforesaid proceedings. The petitioners appeared before the competent authority and objected to the jurisdiction of the Deputy Collector of questioning the entry recorded more than 20 years ago, in suo-motu exercising the jurisdiction and powers under Section 79- A of the Code is belatedly and is barred by the vice of jurisdiction. It is beyond the jurisdiction of the respondent authority to upset the mutation of the revenue entry of a