IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 17013 of 2024 ==========================================================

SUTHAR SONAJI SAGALAJI Versus STATE OF GUJARAT & ORS.

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Appearance:

MR MEET D KAKADIA(11896) for the Petitioner(s) No. 1 MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1 MS DEVANSHIBA RANA, AGP for the Respondent(s) No. 1,2,3,4,5 ==========================================================

CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI Date : 09/03/2026

ORAL ORDER

1. Heard learned advocate Mr. S. P. Majmudar appearing for the petitioner and Ms. Devanshiba Rana, the learned AGP appearing for the respondent – State authorities.

2. Rule. Learned AGP waives service of notice of rule for and on behalf of the respondent – State authorities.

3. The petitioner herein by way of present petition, invoked Article 226 of the Constitution of India, challenging the impugned order passed by the Respondent No.2 – Assistant Collector in Sharat Bhang Case No.12 of 2011 dated 30.05.2012 under the provisions of Section 79A of the Gujarat Land Revenue Code, 1879. It is the case of the petitioner that by virtue of the impugned order, the land in question, i.e. Revenue Survey No.23/1B/paiki 12, admeasuring 04-04-69 at Village Tharad, Ta. Tharad, District Banaskantha stands forfeited/vested in the State Government.

4. Mr. Majmudar, the learned advocate submits that the case of the petitioner is squarely covered by the decision in Special Civil Application No.2898 of 2014 and Special Civil Application No.2341 of 2023. The petitioner is one of the 43 families having originally been granted the land bearing survey No.38 paiki at Nanda, Ta. Rapar, Dist. Kutch on the ground of being a refugee from Pakistan under the policy of the State Government. The said land was not cultivable and the petitioner did not take possession of the said land, requested the authorities to allot some other land and therefore, was allotted the present land in question by order dated 28.04.1988. Though the petitioner never took possession of the land at Rapar Taluka, District Kutch, the Revenue Records showed necessary entry in the said regard was not mutated by the authority in the revenue record on 13.11.2013. The petitioner applied to the respondent No.5 – District Collector at Kutch. Upon petitioner’s application, the Respondent No.5 – District Collector, Kutch by order dated 13.11.2013 forfeited the said land situated at Taluka Rapar, Distrcit Kutch, upon the application made by the petitioner himself. The petitioner has paid full occupancy price of the present land in question, there is not breach at all and the petitioner is occupying the land in question for more than 35 years and is cultivating the said land. It is submitted that the land allotted to the petitioner earlier in Kutch has been taken away and if the said land is also permitted to be taken away, the petitioner would be bereft with the land for livelihood.

5. Mr. Majmudar, the learned advocate submits that the issue is no longer res integra. As referred to herein above, wherein taking into consideration the fact that it is not in dispute that the petitioner herein is entitled to one parcel of land and the land at Kutch having been forfeited by the respondent- State, the petitioner herein is entitled to the parcel of land situated at Tharad.

6. Ms. Devanshiba Rana, the learned AGP is not in a position to controvert the above factual position as referred to herein above.

7. In view of the aforesaid, it is apposite to refer to the order passed in Special Civil Application No.2898 of 2014 and allied matters wherein the petitioner herein is identically situated as referred to herein above amongst the 42 refugees as hereunder:-

“14. Perceptibly, the land was granted in favour of the allottee with a laudable object of resettling the refugees. Since the land, was found to be infertile, the allottee did not take the possession