IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 13246 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 13246 of 2019 =============================================

ASHOKBHAI AMUBHAI PATEL Versus STATE OF GUJARAT & ANR.

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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 NOTICE SERVED BY DS for the Respondent(s) No. 2 =============================================

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 respondents authorities.

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

3. By way of present petition, the petitioner herein has challenged the impugned order passed by the respondent No.1, dated 30.04.2019, confirming the order passed by the Collector, respondent No.2 herein, dated 16.01.2019 refusing to grant Non-Agriculture (NA) permission and the subsequent order No.25/02/05/027/2019 passed by the respondent No.2 dated 06.05.2019 whereby, the learned Collector has ordered that since the land is new tenure land and that, the amount of difference in area is not paid, the NA permission is rejected. The aforesaid has given rise to the filing of the present petition having prayed for the following reliefs:

“8. The petitioners, therefore, humbly pray before this Hon’ble Court that :-

A) Be pleased to admit/allow this Petition;

B) Be pleased to issue appropriate writ, order or direction and be pleased to quash and set aside the order dated 30.04.2019 passed by the respondent no.1-learned Special Secretary Revenue Department (Appeals), Ahmedabad passed in Revision Application being No.MVV/JMN/BNS/08/2019 as well as be pleased to quash and set aside the order dated 16.01.2019 and 06.05.2019, passed by the respondent no.2 passed in Revenue/999086/Banaskantha/Amirgadh/Iqbalgadh and order No.25/02/05/027/2019 respectively and be pleased to direct the respondent authorities to grant the application of the petitioners seeking non-agriculture permission of the land situated at Village Iqbal, TA” Amirgadh, District : Banaskantha, the land being Survey Nos.408 (Old Survey No.21/1/6 Paiki 1) admeasuring 0-64/11 (Hector-Are-Sq. Mtrs.) under the provisions of 65 of the Bombay Land Revenue Code in the interest of justice;

(B)(1) Your Lordships be graciously pleased to quash and set aside the impugned order dated 28/01/2020 passed in suo motu revision case no.2 of 2019 Iqbalgadh and consequently, it be also held and declared that the land Survey No.408 (Ols Survey No.21/1/6 Paiki-1 admeasuring 6411 sq. mts.) as old tenure land without any vide in the interest of justice and an appropriate writ, direction or order be directed to be issued to the respondents in this behalf.

(B)(2) The Lde. Secretary (Appeals), Gujarat State having his office at Sardar Vallabhbhai Patel Revenue Appeal and Revision Bhavan, office of Revenue Department, opposite Sola Bhagwat Vidyapith, Opp. Narayan Bunglow Part-2, Sarkhej Gandhinagar Highway, Gota, Ahmedabad : 380060 be also permitted to be added as respondent No.3 in the title cause in the interest of justice.

C) Be pleased to grant interim relief and by way of interim order and be pleased to direct the respondent authorities to reconsider the application of the petitioners to seeking permission seeking non- agriculture permission of the land situated at Village Iqbal, Ta: Amirgadh, District : Banaskantha, the land being Survey Nos.408 (Old Survey No.21/1/6 Paiki 1) admeasuring 0-46/11 (Hector-Are-Mtrs.) under the provisions of 65 of the Bombay Land Revenue Code in the interest of justice;

D) Be pleased to pass such orders as thought fit in the inte