IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 4646 of 2014 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Sd/-

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Approved for Reporting Yes No 

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SHAMJIBHAI LALJIBHAI KOLI (GOHIL)

Versus DISTRICT COLLECTOR & ORS.

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Appearance:

MS POONAM M MAHETA(11265) for the Petitioner(s) No. 1 MS. SURBHI BHATI, LD. ASST. GOVERNMENT PLEADER for the Respondent(s) No. 3 RULE SERVED for the Respondent(s) No. 1,2,4 ==========================================================

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

ORAL JUDGMENT

1. By this writ application under Article 226 of the Constitution of India, the writ applicant has called in question the legality and validity of the order dated 25.10.2012 passed by the Addl. Secretary, Revenue Department (Appeals), Ahmedabad in Revision Application No.MVV/JMN/SNR/91/2007 confirming the order passed by the District Collector dated 29.10.2007 in JMN/VIVAD/11/06-07 confirming the order passed by the Deputy Collector dated 22.07.2005 bearing No.1198 and 1332 of 2002, forfeiting the land to the State Government.

2. Facts, in brief, giving rise to the filing of the present application may be summarized as under;

2.1 The land in question bearing Survey No.46/P admeasuring 8A-4G of Village: Ghanshyampur, Taluka: Limbdi, District: Surendranagar was originally granted to one Dhiru Bhura Koli in the year 1956.

2.2 On 19.05.1970, the land in question was purchased by one Vora Ujamsi Lalchand and corresponding entry was mutated vide Entry No.434 in the revenue record on

01.10.1970.

2.3 The land in question was thereafter purchased by one Ramsangbhai Trikambhai by way of registered sale deed and corresponding entry was posted on 03.05.1985 vide Entry No.613 in the revenue record.

2.4 Thereafter, an entry was mutated in the name of Madhuben W/o. Ramsangbhai Trikambhai vide Entry No.729 dated 21.05.1994.

2.5 Thereafter, the writ applicant purchased the land in question by way of registered sale deed dated 16.07.1996, and an entry to that effect also came to be mutated in the revenue record vide Entry No.805 dated 06.06.2000, however, the said entry was not certified by the Circle Officer, Limbdi vide order dated 17.10.2000, and the writ applicant was informed that he will be intimated and called upon by the concerned authority if any suo motu proceedings will be initiated for the breach of purchasing new tenure land without prior permission of the District Collector.

2.6 However, no such notice was issued to the writ applicant for breach of any such condition, but he came to know that the concerned Deputy Collector initiated proceedings for the breach of condition against Madhuben, from whom the land in question was purchased by the writ applicant by issuing show-

cause notice dated 29.01.2004.

2.7 However, as the erstwhile owner Madhuben did not remain present before the Deputy Collector, the case was proceeded ex-parte and order of vesting the land with the State Government was passed on 22.07.2005.

2.8 Thereafter, the erstwhile owner Madhuben challenged the ex-parte order passed by the Deputy Collector dated 22.07.2005 by filing an appeal being Appeal No.11 of 2006 on

31.07.2006 before the District Collector.

2.9 The District Collector, Surendranagar vide order dated 29.10.2007 was pleased to reject the appeal without considering the point raised in the appeal and without assigning any reasons for rejecting the contentions raised in the memo of the appeal.

2.10 Being aggrieved, the erstwhile owner Madhuben challenged the aforesaid order dated 29.10.2007 passed by the District Collector before the SSRD by filing a revision being Revision Application No.MVV/JMN/SNR/91/2007, however, the said revision application also came to be rejected by the SSRD vide order dated 25.10.2012.

2.11 Being aggrieved, the w