ORAL ORDER

[On note for speaking to minutes of order dated 11/02/2026 in R/SCA/1503/2019 ]

The applicant has filed note for speaking to minutes pointing out mistake crept in order dated 11.02.2016 passed in Special Civil Application No.1503 of 2019 that in the above order following be added in paragraph No.11.1 :-

“The respondent No.2, learned Collector is directed to decide the application for re-grant, after providing the opportunity of hearing to the petitioners.”

Office is directed to carry out above correction in order dated11.02.2016 passed in Special Civil Application No.1503 of 2019.

Accordingly, this note for speaking to minutes stands disposed of.

ORAL JUDGMENT

Approved for Reporting Yes No ✔

1. Issue Rule, returnable forthwith. Mr. Jayneel Parikh, learned AGP 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 present Petition is taken-up for final hearing.

2. Heard Mr. Manan Pandya, learned advocate for Mr. S.P. Majmudar, learned advocate appearing for the petitioner and Mr. Jayneel Parikh, learned AGP appearing for respondent - State authorities.

3. By way of the present petition, the petitioner herein has challenged the impugned orders dated 22.06.2018 passed by – respondent No.1 and dated 21.07.2018 passed by respondent No.2, whereby, the re-grant of land stated to be in possession of petitioner’s father bearing Survey No. 1253 admeasuring Hector- Are-sq.mtrs. 2-21-57 at Mouje:Vadvan, Taluka: Vadvan, District: Surendranagar, which was granted on certain conditions, came to be rejected. Being aggrieved by the same, petitioner preferred the present petition with the following reliefs:

“(15) In the premises aforesaid, the petitioner most humbly and respectfully prays that:

A. YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of certiorari or any other appropriate writ, order or directions quashing and setting aside impugned orders dated 22.06.2018 passed by the State of Gujarat and Order dated 21.07.2018 passed by the Collector, Vadhvan rejecting the Application for Regrant and to pass an Order dated allowing the regrant of the said subject matter plot of land to vest with the Petitioner with the full title and rights vesting with the Petitioner.

B. During the pendency and final disposal of the present petition YOUR LORDSHIPS may be pleased to direct respondents, their agents, servants to quash and set aside the impugned orders dated 22.06.2018 passed by the State of Gujarat and Order dated 21.07.2018 passed by the Collector, Vadhvan rejecting the Application for Regrant.

C. Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case.”

4. The brief facts leading to the filing of the present Petition reads thus:

4.1. The land in question was mortgaged by the petitioner’s father to avail monetary facilities from the Gujarat State Cooperative Land Development Bank. Upon inability to repay the loan, the Special Recovery Officer auctioned the land on 22.03.1982, and the same was resumed by the Government on 29.06.1983 and the Bank had released its charge, the said order dated 30.06.1983 is duly at Annexure-A. Upon change of ownership, the entry in Village Form No. 7/12 indicated the change of ownership and the land stood in the name of the State Government.

4.2. The respondent-State through its Revenue Department, decided to re-grant the land to the original land owners when the land was taken over by the State on account of their inability to repay the loan, as a new tenure land, by way of Resolution dated 20.07.2009, which duly produced at Annexure-C.

4.3. Pursuant thereto, the petitioner herein applied for re- grant of land by an application dated 29.12.2011 (Annexure-D), placing reliance on the aforesaid Government Resolution and producing necessary doc