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2026 Supreme(Online)(Guj) 17150

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Vaibhavi D. Nanavati, J
UMABEN @ URMILABA RAJENDRASINH JADEJAV/sDEPUTY COLLECTOR MUNDRA
R/SPECIAL CIVIL APPLICATION NO. 5964 of 2026



Advocates:
For the Appellants/Petitioners: Sunil S Joshi
For the Respondents: Devanshiba Rana

The court ordered the maintenance of status quo and the expeditious disposal of a Revision Application concerning the delayed revision of land tenure conversion under the Gujarat Land Revenue Code.

Headnote:The matter pertains to the Gujarat Land Revenue Code, specifically Section 79(A), concerning the resumption of possession of land by the State. The petitioners challenged an order refusing a stay in a Revision Application, arguing that the Deputy Collector's decision to revise the land's old tenure status after a period of 14 years was beyond a reasonable timeframe. The court noted the pending Revision Application before the Secretary (Appeals), Revenue Department. The primary issue is whether the implementation of the order to resume possession should be stayed pending the disposal of the Revision Application, given the significant delay in initiating the revision. The court reasoned that in the interest of justice, the pending application should be decided expeditiously and independently in accordance with the law. In view of aforesaid, the present Petition stands disposed of.

Table of Content
1. challenge to the delayed revision of land tenure and request for interim stay to prevent miscarriage of justice. (Para 1 , 2 , 3 , 4 , 5)
2. maintenance of status quo pending the expeditious and independent disposal of the pending revision application. (Para 6 , 7)

ORAL ORDER

1. Heard Mr. Sunil S. Joshi, learned advocate appearing for the petitioners and Ms. Devanshiba Rana, learned AGP appearing for the respondent-State authorities.

2. By way of the present Petition, petitioners herein are aggrieved by the impugned order dated 09.03.2026, of not grant of stay, passed by the respondent no.3 – The Secretary (Appeals), Revenue Department, in Revision Application No. MVV/JMN/Kutch/3/2025 [stay] (Annexure-A).

3. Mr. Joshi, learned advocate submits that, if the order passed by the Deputy Collector, Mundra dated 17.07.2025 is permitted to be implemented, wherein, the Mamlatdar is directed to resume the possession, the land having been vested with the State. It is submitted that, pending the main Revision Application, if the order passed by the Deputy Collector is permitted to be implemented, the same would result into miscarriage of justice. It is also submitted that, the land in question is converted as old tenure land by order dated 20.04.2000, which is taken into Revision by the Deputy Collector, in exercise of the powers under Section 79(A) of the Gujarat Land Revenue Code, after a period of 14 years, which is also beyond the reasonable period.

4. To substantiate his submission, Mr. Joshi, learned advocate relies on the judgment reported in 2023(0) AIJEL-HC 247678 [ SCA No. 21269/2017 , decided on 07.08.2023].

5. Ms. Rana, learned AGP candidly submits that the respondent – SSRD would decide the said Revision Application, as expeditiously as possible, in the interest of justice.

6. Upon such submission having been made by Ms. Rana, learned AGP, the Revision Application No. JMN/Kutch/3/2025 pending before the SSRD, be decided as expeditiously as possible, independently and in accordance with law.

7. In the interregnum period, in the interest of justice, the parties to maintain the status-quo as on today.

In view of aforesaid, the present Petition stands disposed of.

Direct service is permitted.

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