IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 9708 of 2025 FOR APPROVAL AND SIGNATURE:

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

Approved for Reporting Yes No ✔

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USHABEN DILIPBHAI SONANI & ORS.

Versus STATE OF GUJARAT & ANR.

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Appearance:

MR. PRATEEK S BHATIA (8629) for the Petitioner(s) No. 1,2,3 MR. JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2 ===================================================

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

1. Issue RULE, returnable forthwith. Mr. Jayneel Parikh, learned Assistant Government Pleader 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 matter is taken up for final hearing.

2. Heard Mr. Prateek S. Bhatia, learned advocate appearing for the petitioners and Mr. Jayneel Parikh, learned Assistant Government Pleader appearing for the respondent –

State authorities.

3. By way of the present petition, petitioners herein have invoked Article-226 of the Constitution of India, being aggrieved and dissatisfied by the impugned orders dated 13.02.2024 and 25.06.2025 passed in NA Application No. 31909202309566 and 31909202501577 (Annexure-A), whereby, the petitioners’ application seeking permission for Non- Agriculture (N.A.) use qua land situated at Revenue Survey No. 114 at Village: Gamdi (F), Tal.: Dabhoi, Dist.: Vadodara, came to be rejected.

4.1. It is submitted that the Mamlatdar & Krushipanch had initiated proceedings under Section 20 of the Gujarat Agricultural Land Ceiling Act, 1960 against the holding of Pravinakumari Pratapsinh Rana and that the Mamlatdar & Krushipanch, Dabhoi after holding necessary inquiry found out that the holding of Pravinakumari Pratapsinh Rana is not excess, according to the provisions of the Gujarat Agricultural Land Ceiling Act, by order dated 05.01.1981 and that whether the said order is taken in review and new proceedings are required to be initiated in respect of the same and that the subject land is shown to be ‘Raly Bathu’ in the 7/12 village forms and that negative opinion is received from the DILR. It is further submitted that, once it was found that the predecessor of the petitioners holding was held to be not excessive and that once the order having not taken in review, it is now not open for the authorities to reject /

decline the NA application.

4.2. Mr. Bhatia, learned advocate submits that, the order dated 05.01.1981 duly produced on record at page-17/A is mutated in the revenue record by way of entry no. 443 on 16.01.1981, wherein, the notice issued under Section 20(2) of the Gujarat Agricultural Land Ceiling Act, issued to the widow, is withdrawn. It is submitted that the aforesaid has attained finality and in absence of any further proceedings, the impugned orders are such that the same are required to be quashed and set aside.

The said orders are based on the presumption.

4.3. It is also submitted that, while exercising such powers under Section 65 of the Gujarat Land Revenue Code, the respondent no.2 is required to consider only two aspects, i.e. firstly, the applicant / petitioner seeking NA permission is occupant of the land as per the revenue record and secondly, what purpose the land is put to use and that the Collector has no power to go into the question of title. In the facts of the present case, the revenue record establishes the occupancy of the petitioners herein and in view thereof, the authority are bound to grant such permission.

4.4. It is also submitted that, the District Inspector of Land Records (DILR) submitted its opinion to the Collector on 08.05.2025 despite discrepancy in the measurement of the subject land, permission can be granted in respect of 17-77-59 sq.mtrs., and therefore, there was no negative o