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2026 Supreme(Guj) 780

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
VAIBHAVI D. NANAVATI, J.
Pareshbhai Shankarbhai Chaudhary – Petitioner 
Versus 
State Of Gujarat & Ors. – Respondents 
R/Special Civil Application No. 1395 of 2026
Decided On : 05-05-2026

Advocates Appeared:
For the Petitioner: Mr. Archit P. Jani.
For the Respondents: MS Dharitri Y. Pancholi, Assistant Government Pleader, Notice Served By DS.

JUDGMENT :

VAIBHAVI D. NANAVATI, J.

1. Heard Mr. Archit P. Jani, learned advocate appearing for the petitioner and Ms. Dharitri Y. Pancholi, learned AGP appearing for the respondents.

2. Rule returnable forthwith. Ms. Dharitri Pancholi, learned AGP waives service of rule for and on behalf of the respondent – State.

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

“(A) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction, quashing and setting aside the orders [ (i) 01.07.2023 (Annexure-F), (ii) 22.08.2023 (Annexure-G), (iii) 07.11.2023 (Annexure-H), (iv) 29.01.2024 (Annexure-J) and (v) 22.01.2025 (Annexure-K)] passed by the respondent No.2 Collector, Mehsana, rejecting/disposing applications for conversion of subject land from agricultural to non-agricultural use under Section 65 of the Gujarat Land Revenue Code, 1879;

(B) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent No.2 – Collector, Mehsana, to decide the petitioner's application dated 17.12.2025 (Annexure-L) for conversion of the subject land bearing Survey No. 3628, situated at Village Visnagar, Taluka Visnagar, District Mehsana pass appropriate order allowing the application, for non-agricultural purpose, in accordance with Section 65 of the Gujarat Land Revenue Code, 1879;

(B-1) This Hon'ble Court may be pleased to quash and set aside the order dated 27.01.2026 passed by the Collector Mehsana (Annexure-Q) and be further pleased to direct the Collector, Mehsana to reconsider the application of the Y Petitioner for Non-Agriculture permission afresh and pass an appropriate order in accordance with law.

(C) Pending the admission, hearing and final disposal of the present petition, Your Lordships may be pleased to stay execution, operation and implementation of the orders ( dated (i) 01.07.2023 (Annexure-F), (ii) 22.08.2023 (Annexure-G), (iii) 07.11.2023 (Annexure-H), (iv) 29.01.2024 (Annexure-J) and (v) 22.01.2025 (Annexure-K)) passed by the respondent No.2 Collector, Mehsana,

(D) Pending the admission, hearing and final disposal of the present petition, Your Lordships may be pleased to direct the respondent no.2 to decide the application. expeditiously and issue order under section-65 of Gujarat Land Revenue Code. 1879;

(E) Your Lordships be pleased to grant such other and further relief/s and/or order as deemed fit in the facts and circumstances of the case and in the interest of justice.”

4. By way of this petition, the petitioner has challenged the impugned orders passed by the respondent No. 2 – Collector, Mehsana; whereby the application filed by the petitioner under Section 65 of the Gujarat Land Revenue Code, 1879 (hereinafter referred to as “the Code”) seeking conversion of the land bearing Survey No. 3628, old Survey/ Block No. 2350 situated at Village Visnagar, Taluka Visnagar, District Mehsana, which came to be rejected by the impugned orders dated 01.07.2023, 22.08.2023, 07.11.2023, 29.01.2024, 22.01.2025 and 27.01.2026 respectively on the ground that it is to be verified that the proceedings under the Tenancy Act is initiated or not pursuant to the order passed by the Hon’ble Civil Court which is recorded vide mutation Entry No. 47487 and in view thereof, the petitioner’s application is consigned to file by the impugned orders as referred to hereinabove, the first order dated 01.07.2023 and other subsequent orders as referred to hereinabove.

Application NumberImpugned order date
3040420230256001.07.2023
3040420230343422.08.2023
3040420230452307.11.2023
3040420230557829.01.2024
3040420240408322.01.2025
3040420250527427.01.2026

5. Mr. Jani, learned advocate submits that he relies on the certificate of the Agriculturist duly produced on record at Page 6 and submits that the petitioner herein is in receipt of a valid certificate of agriculturist issued by the Prant Officer, Visnagar at Mehsana on

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