Gujarat High Court
Harshi Mihir Mehta vs State Of Gujarat on 30 June, 2025
NEUTRAL CITATION
C/SCA/4641/2025 ORDER DATED: 30/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4641 of 2025
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HARSHI MIHIR MEHTA & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR TIRTH NAYAK(8563) for the Petitioner(s) No. 1,2,3
MR JAYNEEL PARIKH AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 30/06/2025
ORAL ORDER
1. Learned advocate for the petitioners submits that by the impugned order, the Collector, Ahmedabad has rejected the application of the petitioners under Section 65 of the Gujarat Land Revenue Code seeking permission for Non-Agricultural use. He submits that the impugned order cites the reason for rejection as that the said land was, in earlier point of time, being held by a Private Limited Company despite being agricultural land and therefore, there is a breach of Section 63 of the Gujarat Tenancy & Agricultural Lands Act. He has further relied on the averments made in the writ petition, para 2.7 in particular, which reads as under:-
"2.7 Therefore, the Impugned Order ought not to have been passed for the reasons assigned therein. It is submitted that, even otherwise, under Section 63AB of the Gujarat Tenancy and Agricultural Lands Act, 1948 It Page 1 of 3 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Tue Jul 01 2025 Downloaded on : Wed Jul 02 01:51:15 IST 2025 NEUTRAL CITATION C/SCA/4641/2025 ORDER DATED: 30/06/2025 undefined is made clear that this Court has not gone into the merits of the case nor any opinion is expressed thereon. Tenancy proceedings can be initiated. Without prejudice, the Petitioners are ready and willing to pay the requisite premium as per Section 63AB of the Gujarat Tenancy and Agricultural Lands Act, 1948. Be that as it may, in view of the above, it cannot be said that there is any irregularity, much less, for the purpose of granting permission for non-agricultural use under 65 of the Land Revenue Code, 1879."
2. Learned advocate for the petitioners then submits that in accordance with the said averments, the petitioners have made an appropriate application under Section 63AB of the Gujarat Tenancy & Agricultural Lands Act on 26.03.2025. He submits that the said application may be decided on its own merits and in accordance with law. He submits that he will not press the present Special Civil Application at this stage and that the petitioners shall await the outcome of the said proceedings under Section 63AB of the Gujarat Tenancy & Agricultural Lands Act. He submits that after the decision on the said application, the petitioners will move a fresh application under Section 65 of the Gujarat Land Revenue Code.
3. Considering the submissions, it is directed that the application of the petitioners dated 23.06.2025 filed under Section 63AB of the Gujarat Tenancy & Agricultural Lands Act be decided on its own merits and in accordance with law. The Page 2 of 3 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Tue Jul 01 2025 Downloaded on : Wed Jul 02 01:51:15 IST 2025 NEUTRAL CITATION C/SCA/4641/2025 ORDER DATED: 30/06/2025 undefined petitioners shall be at liberty to file fresh application under Section 65 of the Gujarat Land Revenue Code seeking permission for Non-Agricultural use of the subject land after the final order is passed on the application under Section 63AB of the Gujarat Tenancy & Agricultural Lands Act.
4. If any fresh application is filed, after the disposal of the application dated 23.06.2025 under Section 63AB of the Gujarat Tenancy & Agricultural Lands Act, the same shall be decided on its own merits and in accordance with law without being influenced by the observations made in the impugned order dated 14.10.2024.
With the aforesaid directions, the present Special Civil Application is disposed of as not pressed.
It is made clear that this Court has not gone into the merits of the case and no opinion is expressed thereon.
(ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN Page 3 of 3 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Tue Jul 01 2025 Downloaded on : Wed Jul 02 01:51:15 IST 2025