IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 10293 of 2018 FOR APPROVAL AND SIGNATURE:

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

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

THAKKAR YOGESHBHAI AMRITLAL S/O THAKKER AMRITLAL DHUDAJI Versus STATE OF GUJARAT & ORS.

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Appearance:

MR. NISHIT P GANDHI(6946) for the Petitioner(s) No. 1 MR. JAY TRIVEDI, AGP for the Respondent(s) No. 1,2,3,4 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 03/03/2026 ORAL JUDGMENT

1) By way of filing the present petition under Articles 14, 19, 300A, 226 and 227 of the Constitution of India, the petitioner has prayed for the following reliefs:

‘’(A) Quashing and setting aside impugned order dated 7/23- 4-2018 passed by Respondent No.2 and order dated 31-12- 2013 passed by Respondent No.3 and order dated 8-9-2015 passed by Respondent No.4 and order dated 29-2-2016 passed by Respondent No.3.

(B) Pending admission and final disposal of the petition, the operation and implementation of the order dated 7/23-4- 2018 passed by Respondent No.2 and order dated 31-12- 2013 passed by Respondent No.3 and order dated 8-9-2015 passed by Respondent No.4 and order dated 29-2-2016 passed by Respondent No.3 be stayed and the respondents be directed to maintain status-quo in respect of the Entry No.1084 and other connected entries.

(C) Any other relief deemed fit to meet the ends of justice may be granted.’’

2) The case of the petitioner can be summarised in a nutshell as under:

2.1) The great-grandfather of the petitioner was an agriculturist and was holding revenue land bearing revenue Survey No. 60, Village: Kathivada, Taluka: Sami, District: Patan. An entry to that effect had been mutated in a revenue record vide Revenue Entry No. 53 on 15.03.1954. After the sad demise of the great- grandfather of the petitioner, the name of his eldest son, namely Thakkar Dalpatram Harji, was mutated in the revenue record as per the prevailing customs on 17.03.1963 vide Entry No. 768. Thereafter, he sold a certain parcel of land in favour of one Patel Gangaram Kalidas on 14.07.1966, pursuant to which an entry was mutated in the revenue record vide Entry No. 1029 on 18.10.1973 and subsequently, certified on 19.12.1973. Thereafter, the grandfather of the petitioner purchased the property by way of execution of a registered sale deed from Patel Gangaram Kalidas. Pursuant thereto, an entry was mutated in the revenue record vide Entry No. 1014 on 06.06.1973 and was subsequently certified on 19.12.1973. In the year 1985, a heirship entry had been mutated vide Entry No. 1783 on 26.05.1985. Further on account of family arrangements made between the members of the family, an entry vide Revenue Entry No. 1789 dated 10.12.1985 was mutated in the revenue record, pursuant to which the ancestral land bearing Revenue Survey No .31 came to the share of Petitioner No. 2. In year 2013, Petitioner No. 1 purchased Revenue Survey No. 60 by way of execution of a registered sale deed and paid the sale consideration to the property holder. Pursuant thereto, Revenue Entry No. 1084 was mutated in the revenue record on 12.07.2013. The said entry was subsequently, certified by the Circle Inspector. The said decision was taken into suo moto revision by the concerned Collector, however, without cancelling the said entry and the matter was remanded to the Deputy Collector to initiate proceedings. Pursuant thereto, the Deputy Collector, Sami registered Appeal Remand Case No. 27 in 2014 and passed an order cancelling the revenue entry mutated and subsequently certified by the concerned authority, namely Revenue Entry No. 1084 of 12.07.2013. However, during the course of proceedings, the Deputy Collector, Sami also cancelled the revision entries of Harij Taluka, namely (1) Revenue Ent