IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 19756 of 2019 FOR APPROVAL AND SIGNATURE:

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

Approved for Reporting Yes No 

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DEVAYATBHAI BAGHUBHAI KHACHAR Versus STATE OF GUJARAT & ORS.

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Appearance:

MR. PANAM C SONI(7035) for the Petitioner(s) No. 1 MR ANGESH A PANCHAL, AGP for the Respondent(s) No. 1 MS MEGHA JANI, SENIOR COUNSEL with MS KRISHA M BHIMANI(12795) for the Respondent(s) No. 5,6 NOTICE SERVED for the Respondent(s) No. 1,2,3,4 ==============================================================

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

ORAL JUDGMENT

1. Heard Mr. Panam Soni, learned advocate appearing for the petitioner and Ms. Megha Jani, learned Senior Counsel with Ms. Krisha Bhimani, learned advocate appearing for the respondent nos. 5 and 6 and Mr. Angesh A. Panchal, learned AGP appearing for the respondent – State authorities.

2. By way of the present petition, the petitioner herein has invoked Article 226 of the Constitution of India and prayed for the following reliefs:

“13. he petitioner therefore humbly prays that this Hon'ble Court may kindly-

[A] be pleased to admit and allow this application/petition;

[B] be pleased to quash and set aside the order dates 15/03/19 passed by the respondent no. 1-Ld. SSRD confirming the order dates 28/02/17 passed by the Collector which confirmed the order dt 30/03/15 passed by the Dy. Collector and set-aside the rectified revenue entry no.481 and all subsequent revenue entries thereafter qua land bearing survey no.54/2 situated at moje village Haldad, Ta.Dist Botad, and thereby direct the respondent no. 4 herein to make correction of Acre.8-08 gunthas instead of Acre.8-19 gunthas and show/give effect in revenue records-the excess 11 gunthas in the name of the petitioner, by issuing suitable writ, direction and/or order under Art 226 of the Constitution of India in the interest of justice;

[C] be pleased to grant stay as to the execution, implementation and operation of the impugned order(s) as well as direct the respondent authorities to show/give effect of excess 11 gunthas of land in the name of the petitioner, by way of an appropriate interim relief pending admission, hearing and till final disposal of this petition/application in the interest of justice;

[D] be pleased to grant any other relief(s) as may be deemed fit to be granted in the facts of the case.”

3. It is briefly stated that the petitioner’s predecessor namely Bhanabhai Champrajbhai Khacahar and Baghubhai Bhanabhai Khacahar held/owned agricultural land bearing survey no. 54/2 admeasuring Acre 8-19 gunthas situated at Moje Village: Haldad, Taluka and District: Botad, wherein revenue Entry No. 172 is mutated in the revenue record. Upon the death of Bhanabhai Champrajbhai, Baghubhai Bhanabhai's name was entered through heirship qua Entry No. 291 mutated in the revenue records for land admeasuring Acre 8-19 gunthas.

3.1. It is the case of the petitioner that Baghubhai Bhanabhai sold Acre 8-08 gunthas to one Sondabhai Apabhai for which being entry no.300 was mutated. Thereby 11 gunthas of land remained with Baghubhai Bhanabhai and the said land belongs to the petitioner herein through heirship. Sondabhai Apabhai further sold the land Acre 8-08 gunthas to one Aebhalbhai Kadabhai for which Entry No. 301 was mutated. The said Aebhalbhai Kadabhai sold the land to one Bhikhabhai Jesangbhai for which Entry No. 481 was mutated wherein the admeasurement was erroneously shown as Acre 11-15 gunthas and therefore the said Entry No. 481 was rectified showing the admeasurement as Acre 8-19 gunthas. The land was transferred to various persons and ultimately was mutated in the name of the mother of the respondent nos. 5 and 6 herein who transferred it to APMC, Botad.

3.2.