Gujarat High Court
Ravirajbhai Hathibhai Dhadhal vs State Of Gujarat on 11 November, 2025
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
NEUTRAL CITATION
C/SCA/9456/2019 ORDER DATED: 11/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9456 of 2019
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RAVIRAJBHAI HATHIBHAI DHADHAL & ANR.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR HIMANSHU C DESAI(6832) for the Petitioner(s) No. 1,2
MS DEVANSHIBA RANA, AGP for the Respondent(s) No. 1,2,3,4,5
RULE SERVED for the Respondent(s) No. 7,8
RULE SERVED BY DS for the Respondent(s) No. 6
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 11/11/2025
ORAL ORDER
1. Heard Mr. Himanshu C. Desai, learned advocate appearing for the petitioners and Ms. Devanshiba Rana, learned AGP appearing for the respondents.
2. The present petition is directed against the order against the concurrent findings by the competent authorities by the order No. MVV/HKP/AML/14/2017 passed by the Secretary, Revenue Department (Disputes), Ahmedabad- respondent no. 2 dated 20.01.2018 as also, the order passed by the respondent no. 3 - Collector in Case no. 213/16 dated 28.12.2016 and the order passed by the respondent no. 4 - Deputy Collector in Entry Appeal Case No. 38 of 2014 dated 30.07.2015, wherein, the respondent-authorities Page 1 of 10 Uploaded by SHARMA KUMKUM MAHENDRA(HC02349) on Fri Nov 14 2025 Downloaded on : Sat Nov 15 03:22:40 IST 2025 NEUTRAL CITATION C/SCA/9456/2019 ORDER DATED: 11/11/2025 undefined have vested the land bearing Survey No. 378 paiki 3, admeasuring 4- 85-63 hectare-are-sq. mts. situated at Village: Lunsapur, Taluka:
Jafrabad, District: Amreli (herein after referred to as "land in question") which was purchased by the petitioners herein by way of a registered sale deed. Which was mutated vide entry No. 3861 in revenue records, the respondent-State on the ground that no prior permission was taken from the Collector as the land was provided under Section 30 of the Gujarat Agricultural Lands Ceiling Act, 1960 (for short, "the Act") thereby cancelled/rejected the said entries.
3. Brief facts leading to the filing of the present petition read thus:
3.1. The land in question was granted to one Mohanbhai Kukabhai Chauhan - respondent no. 8 as Santhli Land for the purpose of cultivation by the Deputy Collector in the year 1982. 3.2. That Mohanbhai Kukabhai Chauhan sold the land in question to Vasantben Bhojbhai Kotila - respondent no. 7 by way of a registered sale deed no. 1 dated 29.01.2008 for the sale consideration of Rs. 4,06,000/-. Which was mutated in the revenue record as Entry No. 2655 on 10.04.2008 duly certified on 22.05.2008 by the competent revenue authority.
3.3. The petitioners purchased the land in question from Vasantben Bhojbhai Kotila by a Registered Sale Deed No. 58 dated 04.03.2014 Page 2 of 10 Uploaded by SHARMA KUMKUM MAHENDRA(HC02349) on Fri Nov 14 2025 Downloaded on : Sat Nov 15 03:22:40 IST 2025 NEUTRAL CITATION C/SCA/9456/2019 ORDER DATED: 11/11/2025 undefined for a total sale consideration of Rs. 4,95,000/- for which mutation entry was recorded vide mutation entry No. 3861 dated 04.03.2014, which came to be rejected by the Circle Office, Jafrabad on 31.05.2014 on the ground that the land in question is covered under the provisions of the Act and the land in question cannot be sold without previous sanction of the Collector.
3.4. Being aggrieved by the aforesaid, the petitioner filed Entry Appeal No. 38 of 2014 before the Deputy Collector, Rajula which came to be rejected by order dated 30.07.2015 which was further taken in revision by preferring Revision No. J.M.NI.NI. 108(6) No. 213 of 2016 before the Collector, Amreli, which also came to be rejected by order dated 28.12.2016. Being aggrieved and dissatisfied by the said order, the petitioners preferred Revision No. MVV/HKP/AML/14/2017 before the Secretary, Revenue Department (Disputes), Ahmedabad, wherein by the order dated 20.01.2018/06.02.2018 (Annexure-A) confirmed the order passed by the Collector, Amreli dated 28.12.2016.
4. Being aggrieved and dissatisfied by the impugned orders as referred to herein above, the petitioners herein are constrained to approach this Court invoking Article 226 of the Constitution of India, has prayed for the following reliefs:
"(a) That this Hon'ble Court may to admit and allow this pleased petition.
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(b) That this Hon'ble Court may be pleased to issue a writ of or in the nature of, Certiorari or Prohibition or any other appropriate writ, order or direction, quashing and setting aside the order no. MVV/HKP/AML/14/2017 dated 20.01.2018 passed by the Secretary, Revenue Department (Disputes), Ahmedabad - respondent no. 2 herein as well as order dated 28.12.2016 passed by the Respondent no. 3 Collector in Case no. 213/16 as also order dated 30.07.2015 passed by the Respondent no. 4 - Deputy Collector in Entry Appeal Case no. 38/14 and further be pleased to direct the respondent authorities to mutate and certify the necessary entry recording factum of registered sale deed dated 58/2014 dated 04.03.2014.
(c) Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to stay the operation, execution and implementation of the impugned order no. MVV/HKP/AML/14/2017 dated 20.01.2018 passed by the Secretary, Revenue Department (Disputes), Ahmedabad respondent no. 2 herein as well as order dated 28.12.2016 passed by the Respondent Collector in Case no. 213/16 as also order dated 30.07.2015 passed by the Respondent no. Deputy Collector in Entry Appeal Case no. 38/14 till final disposal of present petition and further be pleased to restrain and prevent the respondent authorities, their agents and servants not to enter name of Government in the revenue records.
(d) Ad-interim relief in terms of para 9(c) may kindly be granted.
(e) That this Hon'ble Court may be pleased to pass such further and other orders or directions as the nature and circumstances of the case may require."
5. Mr. Himanshu Desai, learned advocate appearing for the petitioners submits that the respondent authorities have failed to consider the resolution dated 10.05.2001, bearing No. 102000/660- CHH, which provides that the lands allotted under the Act can be converted to old tenure lands upon paying a requisite premium as stipulated in the said resolution.
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5.1. It is submitted that the land in question was running as old tenure land in the revenue records, a copy of supporting documents annexed to the petition. The petitioners are bonafide purchaser, having purchased the land in question relying upon the "old tenure"
land, entry reflected in the revenue records and earlier registered sale deed of the year 2008. In view thereof also, the impugned orders require to be quashed and setaside.
5.2. Further, it is submitted that reliance is also placed on the Circular dated 17.03.2017 issued by the Revenue Department of the respondent-State, wherein, it is categorically stated that in cases where the Village Form No. 7/12 reflects old tenure land, but in reality there is no entry regarding new tenure land based on Village Form No. 6 of restricted tenure and based upon entry of old tenure land in 7/12 extracts, the lands are transferred by way of registered sale deed and the mutation entry is certified, in such cases, the purchaser is considered as bonafide purchaser who are liable to take premium. 5.3. Further, reliance is also placed on the Circular issued by the Revenue Department of the respondent-State dated 24.10.2018 providing the checklist for the application seeking permission in such bonafide transactions. Placing reliance on the said circular, it is submitted that item no. 14 reveals that lands covered under the Act are duly covered under the Circular dated 17.03.2017.
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5.4. It is submitted that the petitioners are ready and willing to pay the premium amount as decided by the competent authority or as directed by the Court. It is submitted that the revenue entries are for the purposes of fiscal purpose and in view thereof also, petitioner herein being the registered sale deed holder, the respondent- authorities ought to have certified the entry in favour of the petitioner. Placing reliance on the aforesaid submissions, it is submitted that the prayers as prayed for in the present petition be allowed.
6. Ms. Devanshiba Rana, learned AGP relied on the affidavit-in- reply duly produced on record on page no. 18 on behalf of the respondent no. 5. Placing reliance on the said affidavit, it is submitted that it is not in dispute that the subject land was granted to one, Mohanbhai Kukabhai Chauhan in the year 1982 by way of Santhli in accordance with the policy of the State Government by granting access to the land declared under the provision of the Act with a view to conduct agricultural activities for self-sustainment.
6.1. It is submitted that it is also not in dispute that the land in question was sold by Mohanbhai Kukabhai Chauhan, to one Vasantben Bhojbhai Kotila - respondent no. 7 on 29.01.2008. The petitioners purchased the said land from respondent no. 7 on 04.03.2014. When the petitioners applied for mutation in the revenue record, the same came to be rejected on 31.05.2014. The petitioners Page 6 of 10 Uploaded by SHARMA KUMKUM MAHENDRA(HC02349) on Fri Nov 14 2025 Downloaded on : Sat Nov 15 03:22:40 IST 2025 NEUTRAL CITATION C/SCA/9456/2019 ORDER DATED: 11/11/2025 undefined had availed all the remedies available under the Act and had failed. 6.2. It is submitted that while that all the authorities have relied on Section 30 of the Act, which mandates restrictions on transfer of Sub- Division of land allotted under Section 29 of the Act. Placing reliance on Section 29 and 30 of the Act, it is submitted that admittedly, no such permissions were taken before entering into the sale deed by the original allottee, Mohanbhai Kukabhai Chauhan. 6.3. Reliance is placed on the extracts of the Village Form No. 7 duly produced on record at Annexure-R1 which clearly transpires from old Village Form No. 7 that the subject land is of new and impartible tenure. It is submitted that the Mutation Entry No. 2655 in favour of the respondent no. 7 was taken in suo-moto revision in Revision Case No. 143 of 2013, wherein by order dated 27.05.2014, the said entry is cancelled. There is no challenge to cancellation of such entry on the ground of violation of Section 30 of the Act. The consequent entry in favour of the petitioner herein being No. 3861 dated 04.03.2014 is therefore, cancelled by the competent authorities, which require no interference in light of violation of the restrictions imposed under Section 30 of the Act.
6.4. It is also submitted that the petitioner cannot be said to be a bonafide purchaser being aware of the restriction under Section 29 and 30 of the Act. It is also submitted that the petitioner is aware that Page 7 of 10 Uploaded by SHARMA KUMKUM MAHENDRA(HC02349) on Fri Nov 14 2025 Downloaded on : Sat Nov 15 03:22:40 IST 2025 NEUTRAL CITATION C/SCA/9456/2019 ORDER DATED: 11/11/2025 undefined the land in question is a new tenure land.
7. Mr. Himanshu Desai, learned advocate in rejoinder, submits that the petitioner herein be granted benefit of the circular dated 10.05.2001, which provides for removing the restriction of the new tenure land to old tenure land upon completion of 15 years of the suo- moto transaction by the Mamlatdar. The petitioner was on the bonafide belief that upon completion of 15 years, the status of the land would change from new tenure land to old tenure land and in such bonafide, the present petitioner herein entered into the sale deed with the erstwhile owner being Vasantben Bhojbhai Kotila. It is reiterated that the nature of the land is shown as old tenure on page 39 in Form No. 7.
8. Having heard both the learned advocates appearing for the respective parties, it is not in dispute that the respondent-State allotted the land in question to Mohanbhai Kukabhai Chauhan in Santhli for land bearing Survey No. 378 paiki 3, admeasuring 4-85-63 hectare-are-sq. mts. situated at Village: Lunsapur, Taluka: Jafrabad, District: Amreli in the year 1982 with a view to conduct agricultural activities for self-sustenance. The said Mohanbhai Kukabhai Chauhan sold the subject land to Vasantben Bhojbhai Kotila respondent no. 7 on 29.01.2008. The petitioners purchased the subject land from the respondent no. 7 on 04.03.2014 and applied for mutation on the Page 8 of 10 Uploaded by SHARMA KUMKUM MAHENDRA(HC02349) on Fri Nov 14 2025 Downloaded on : Sat Nov 15 03:22:40 IST 2025 NEUTRAL CITATION C/SCA/9456/2019 ORDER DATED: 11/11/2025 undefined revenue record which came to be rejected on 31.05.2014. It is not in dispute that the land in question was granted by way of Santhli to Mohanbhai Kukabhai Chauhan and in view thereof, the restriction under Section 30 of the Act, would come into play.
9. It is apposite to refer to Sections 29 and 30 of Act, this Court has relied on the following findings in Hanshrajbhai Mohanbhai Patel & 3 Versus State of Gujarat & 3 in Special Civil Application No. 13775 of 2014:
"A 'santhani' land owned by the Government cannot be transferred to any other person otherwise the very purpose for which the land is allotted is frustrated. If the applicants found it difficult to cultivate a huge parcel of land admeasuring 11-acres, they could have surrendered the land to the State Government. They not only tried to derive profit out of it but a third party also derived the profit out of the same. A transfer does not mean transfer only by way of a registered sale-deed. Strict interpretation of the term transfer is not required to be given in this type of matters. The Court is expected to take a practical view of the matter keeping in mind the object of allotment in view of the policy of the State Government.
For the foregoing reasons, this petition fails and is hereby rejected."
10. In view of the undisputed fact that the Santhli land in question is sold in violation to Section 29 and 30 of the Act, without complying with the aforesaid provisions of the Act and also the respondent- authority has placed on record the original record which shows the land as new tenure land at Annexure-R1.
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11. In the opinion of this Court that the impugned orders require no interference for the reasons as stated above. As submitted by Mr. Himanshu Desai, learned advocate that the petitioner is ready and willing to pay the premium. The case of the petitioners be considered in light of the Circulars dated 10.05.2001, 17.03.2017 and 24.10.2018.
12. Upon perusal of the Circular dated 24.10.2018, it is also not in dispute that the checklist to the said circular at clause 14 (at page 86) includes the Act, 1960. If the petitioner were to approach the Collector with such an application, the same be considered showing readiness and willingness to deposit the amount of premium that may be determined by the competent authority in line of the aforesaid Government Resolutions and Circulars as referred to herein above. The same be decided by the respondent no. 3- Collector in accordance with the circulars and in accordance with law. The aforesaid exercise be undertaken as expeditiously as, possible preferably within a period of six months from the receipt of this order.
13. The present petition stands dismissed, Rule discharged.
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