Gujarat High Court
Bhikhabhai Khodabhai Alias Subhasbhai ... vs State Of Gujarat on 16 April, 2026
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
NEUTRAL CITATION
C/SCA/6166/2025 ORDER DATED: 16/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6166 of 2025
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BHIKHABHAI KHODABHAI ALIAS SUBHASBHAI KHODABHAI AHIR
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR GANESH R GOYAL(10052) for the petitioner(s) No. 1
MR MAULIK R SHAH(6385) for the petitioner(s) No. 1
ANITA D PATEL(9389) for the Respondent(s) No. 8
MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2,3,4
H P BAXI(9459) for the Respondent(s) No. 5,7
MR.DIPAK B PATEL(3744) for the Respondent(s) No. 8
NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4
SHIVANI R MODI(9280) for the Respondent(s) No. 5,7
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 16/04/2026
ORAL ORDER
1. Heard Mr. Maulik R. Shah, learned advocate with Mr. Ganesh R. Goyal, learned advocate appearing for the petitioner, Ms. Kruti Shah, learned advocate with Mr. Dipak B. Patel, learned advocate appearing for respondent no. 8, Mr. H. P. Baxi, learned advocate with Ms. Shivani R. Modi, learned advocate appearing for respondent nos. 5 and 7, and Mr. Jayneel Parikh, learned AGP for the respondent - State Authorities.
2. By way of the present petition, the petitioner herein has prayed for following reliefs: -
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NEUTRAL CITATION C/SCA/6166/2025 ORDER DATED: 16/04/2026 undefined "A. The present petition be admitted and allowed.
B. YOUR LORDSHIP may be pleased to issue a writ of mandamus or in the nature of mandamus or certiorari or any other appropriate writ, order or direction quashing and setting- aside the Impugned order dated 26.03.2025 in MVV/HKP/ST/55/2025 passed by Respondent No. 1 αι Annexure-A by exercising powers under Article 226 and 227 of the Constitution of India.
C. Pending hearing and final disposal of this petition, the implementation, operation and execution of the Impugned order dated 26.03.2025 at Annexure-A in MVV/HKP/ST/55/2025 passed by Respondent No. 1 and the order dated 19.12.2024 at Annexure-O in RTS/Revision Application/Reg No. 251/2022 passed by Respondent No. 2 be stayed.
D. Pending hearing and final disposal of this petition, YOUR LORDSHIP may be pleased to direct the Respondents to maintain status quo qua the revenue records of the said land bearing Survey No. 263 admeasuring about 12,140 sq. mts. (Jarayat) and 405 sq. mts. (Pot-kharaba), totally admeasuring about 12,545 sq. mts. situated at Moje Dumas, Taluka Majura, District Surat.
E. Any other and further relief that may deem fit and proper, in the facts and circumstances of the case may please be granted in the larger interest of Justice."
3. Mr. Maulik R. Shah, learned advocate submits that by way of the present petition the petitioner has invoked extraordinary jurisdiction under Article 226 and 227 of the Constitution of India and Page 2 of 5 Uploaded by SHARMA KUMKUM MAHENDRA(HC02349) on Sat Apr 18 2026 Downloaded on : Mon Apr 20 21:24:22 IST 2026 NEUTRAL CITATION C/SCA/6166/2025 ORDER DATED: 16/04/2026 undefined have challenged the order dated 26.03.2025 passed by the respondent no. 1 - Special Secretary, Revenue Department (for short, "SSRD") in MVV/HKP/ST/55/2025 wherein, the SSRD has rejected the application for stay preferred by the petitioner. 3.1. Mr. Shah, further submits that the petitioner approached the SSRD being aggrieved by the order dated 19.12.2024 passed by the Collector in RTS/Revision Application/Reg No. 251/2022 confirming the order dated 02.07.2022 in RTS/Appeal/195/2021 passed by the Deputy Collector, whereby the Mutation Entry No. 2293 dated 30.04.1979 mutated in the revenue record of the land bearing Survey No. 263 admeasuring 12140 sq. mts. (Jarayat) and 405 sq. mts. (Pot- kharaba), totally admeasuring about 12545 sq. mts. situated at Moje:
Dumas, Taluka: Majura, District: Surat, pursuant to the Release Deed dated 07.11.1968 registered at Sr. No. 3011 and The Mutation Entry No. 2853 dated 14.05.1991 mutated in the revenue record of the said land pursuant to the Sale Deed dated 06.06.1986 registered at Sr. No. 5175 in favour of the petitioners were cancelled, pursuant to the objections raised by the private respondents after almost 42 years and
31 years respectively.
4. This Court vide order dated 02.05.2025 while issuing notice for final disposal had granted status-quo with regards to the revenue records as the interim relief was granted vide order of the Collector Page 3 of 5 Uploaded by SHARMA KUMKUM MAHENDRA(HC02349) on Sat Apr 18 2026 Downloaded on : Mon Apr 20 21:24:22 IST 2026 NEUTRAL CITATION C/SCA/6166/2025 ORDER DATED: 16/04/2026 undefined dated 10.08.2022.
5. Ms. Kruti Shah, learned advocate appearing for respondent no. 8 submits that in view of the order dated 02.05.2025, the revision application pending before the SSRD has not been taken up for hearing. It is further submitted that they do not have any objection if the present petition is disposed of by continuing the interim relief granted by this Court vide order dated 02.05.2025 till the SSRD decides the pending revision application being MVV/HKP/ST/55/2025. It is further submitted that the SSRD be directed, to decide the said pending revision application within a stipulated time period.
6. Mr. H. P. Baxi, learned advocate appearing for respondent nos. 5 and 7, also does not have any objection if the present petition is disposed of by continuing the interim relief granted vide order dated 02.05.2025 till the SSRD decides the pending revision application being MVV/HKP/ST/55/2025.
7. Mr. Jayneel Parikh, learned AGP does not have any objection to the aforesaid submission made by private respondents.
8. Considering the aforesaid submissions made by the learned advocates appearing for the respective parties, interim relief granted by order dated 02.05.2025 with regard to maintaining status quo qua Page 4 of 5 Uploaded by SHARMA KUMKUM MAHENDRA(HC02349) on Sat Apr 18 2026 Downloaded on : Mon Apr 20 21:24:22 IST 2026 NEUTRAL CITATION C/SCA/6166/2025 ORDER DATED: 16/04/2026 undefined the revenue record of the subject land to continue till the SSRD finally decides the pending revision application being MVV/HKP/ST/55/2025.
9. The SSRD to decide the revision application being MVV/HKP/ST/55/2025 within a period of 6 months from the receipt of this order, independently, in accordance with law, after giving opportunity of hearing to all the concerned parties and without being influenced by the impugned order dated 26.03.2025 passed by the SSRD and the present order.
10. With the aforesaid directions, the present petition stands disposed of.
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