IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 11067 of 2021 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2022 In R/SPECIAL CIVIL APPLICATION NO. 11067 of 2021 =============================================

ASHOKBHAI AMUBHAI PATEL Versus STATE OF GUJARAT & ORS.

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Appearance:

MR PM BHATT(183) for the Petitioner(s) No. 1 PRATEEK S BHATIA(8629) for the Petitioner(s) No. 1 MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1 DS AFF.NOT FILED (N) for the Respondent(s) No. 2,3,4 =============================================

CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI Date : 02/03/2026

ORAL ORDER

1. Issue Rule, returnable forthwith. Mr. Jayneel Parikh, learned AGP waives service of notice of rule for and on behalf of the respondent authorities.

2. Heard Mr. P.M. Bhatt, learned advocate appearing for the petitioner and Mr. Jayneel Parikh, learned AGP appearing for the respondent - State authorities.

3. By way of present petition, the petitioner herein has prayed for the following reliefs:

“(A) Your Lordships be graciously pleased to admit and allow this petition and be further pleased to quash and set aside the impugned decision of the learned Collector, Banaskantha, dated 28/1/2020 in the interest of justice and an appropriate writ, direction or order be directed to be issued to the respondents in that behalf.

(B) Consequently, it be graciously held by this Hon’ble Court that the land in question i.e. Survey No.408- old Survey No.21/1/6 paiki 1 of Village Iqbalgadh, Taluka : Amirgadh, District : Banaskantha is an old tenure land on the basis of order dated 19/11/1987 passed by the Ld. Deputy Collector Annexure – C produced in this petition in the interest of justice and an appropriate writ, direction or order be directed to be issued to the respondents in this behalf.

(C) Any other appropriate order or orders as deemed just be also passed.”

4. The petitioner herein challenges the impugned order dated 28.01.2020 passed by the Collector, Banaskantha, duly produced at Annexure – D, page 30 to the petition, wherein, by the said order, the subject land is held to be new tenure land, after a period of 33 years, pending the first petition being Special Civil Application No.13246 of 2019. The said order is passed pursuant to the suo-motu proceedings initiated by the Collector, Banaskantha.

5. Mr. P.M. Bhatt, learned advocate appearing for the petitioner submits that the impugned order dated 28.01.2020 suffers from gross delay, the proceedings having been initiated after about 33 years with respect to the land bearing Survey No.408 (Old Survey No.21/1/6 paiki 1) admeasuring 6411 sq. mtrs. of village : Iqbalgadh, Taluka : Amirgadh, District : Banaskantha, the same having been stated to be a new tenure land. It is submitted that the case of the petitioner herein as such is covered by the Government Resolution issued by the Revenue Department of the State Government dated 08.04.2025 as the land involved in the present petition is outside the municipal limits of Palanpur District and is to be treated as old tenure land. In view thereof, the case of the petitioner stands covered by the aforesaid Government Resolution and the proceedings otherwise are initiated for a transaction of the year 1997.

6. Mr. Jayneel Parikh, learned AGP appearing for the respondent State authorities is not in a position to controvert the aforesaid factual position.

7. Having heard the learned advocates appearing for the respective parties, the Government Resolution dated 08.04.2025, as referred to herein above, issued by the Revenue Department of the State Government provides that all the land except, the land belonging to the Corporation would be treated as old tenure land from the date of the said Resolution.

7.1 Further, the initiation of proceedings by the respondent No.2 as suo-motu proceedings after a delay of 33 years are also contrary to the ratio laid down in case of Bharatbhai Naranbhai Vegda and O