Gujarat High Court
Dipak Jagdishchandra Patel vs State Of Gujarat on 4 July, 2025
NEUTRAL CITATION
C/SCA/10083/2023 ORDER DATED: 04/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10083 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 10084 of 2023
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DIPAK JAGDISHCHANDRA PATEL & ANR.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR APURVA R KAPADIA(5012) for the Petitioner(s) No. 1,2
MR ANTRIX KAPADIYA AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 04/07/2025
ORAL ORDER
1. Heard learned advocate for the petitioners and learned Assistant Government Pleader for the respondents.
2. RULE. Mr. Antrix Kapadiya, learned AGP waives service of rule for the respondents.
3. With the consent of the learned counsels for the parties, the matter is taken up for final hearing and disposal.
4. The present Special Civil Applications have been filed seeking a direction to hold that the action of the respondent No.3 Mamlatdar, Dholka in denying certification of entry Nos.2323 bearing Survey No.389 (Old Survey No.69) and 2322 bearing Survey No.280 (Old Survey No.27A) of Village: Girandh, Taluka Dholka based on the registered sale deeds dated 07.02.2023 in the record of rights.
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5. Learned counsel for the petitioners submits that the Mamlatdar, Dhoka has refused to certify the mutation entry holding that there is restriction of Section 73AA of the Gujarat Land Revenue Code, 1972 ["Code" for short] in respect of the lands in question. He submits that the revenue entries show that the lands were never having restrictions of Section 73AA of the Code. He submits that the lands were initially granted to a triable person vide mutation entry No.1262 dated 16.08.1975, but thereafter since there was breach of conditions, the said lands were reverted back to the State Government and the lands were shown as Government waste land. He submits that thereafter by mutation entry No.1331 dated 24.03.1994, the lands were granted to Shri Kantibhai Chhaganbhai and Shri Laxmanbhai Chhaganbhai by the revenue authorities. That thereafter, in view of the Government Circular dated 20.12.2006 by order dated 27.02.2007, the Mamlatdar, Dholka has converted the said subject lands from New Tenure to Old Tenure. Pursuant thereto, such change of tenure came to be recorded by entry No.1648 dated 03.04.2007. He submits that thereafter the petitioners have purchased the said lands by registered sale deed dated 07.02.2023. A bare perusal of the revenue records clearly shows that there is no restriction of Section 73AA of the Code on the present subject lands. He, therefore, submits that the refusal to certify the mutation entry on the basis of registered sale deed of the petitioners is bad in law. He relies upon the revenue records which have been placed on record in respect of the above entries in support of his contentions.
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6. Learned AGP Mr. Antrix Kapadiya has not been able to dispute the revenue entries which are placed on record. However, he submits that the impugned order refusing the certification of the entries in respect of the subject lands has been passed based on the records. He submits that if there is any discrepancy, the same shall be given a re-look by the revenue authorities.
7. A perusal of the revenue records annexed to the writ petitions shows that the lands are Government waste land and were allotted to different persons by the State Government. The first person whom the subject lands were allotted was one Shri Chhaganbhai Amthabhai Bhil. However, due to breach of conditions of the allotment, the said lands were taken back from the said person and were again shown as Government waste land in the revenue records. Thereafter, the lands have been granted to other persons. Therefore, prima facie, it appears that there is no restriction of Section 73AA of the Code on the subject lands. The impugned order dated 10.04.2023 passed by the Mamlatdar, Dholka refusing to certify the entries of the petitioners is quashed and set aside. The respondent No.3 is directed to take fresh steps for certification of the entries Nos.2323 bearing Survey No.389 (Old Survey No.69) and 2322 bearing Survey No.280 (Old Survey No.27A) of Village: Girandh, Taluka Dholka on the basis of the revenue records. The respondent No.3 shall pass a decision afresh in consonance with the revenue records on its own merits and in accordance with law within a period of six weeks from the date of receipt of this order.
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8. It is made clear that this Court has not gone into the merits of the case nor any opinion is expressed thereon.
The present Special Civil Applications are allowed to the aforesaid extent. Rule is made absolute to aforesaid extent. No order as to costs.
Direct Service is permitted.
(ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN Page 4 of 4 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Sat Jul 05 2025 Downloaded on : Mon Jul 07 22:31:43 IST 2025