ARJANBHAI NANJIBHAI VIRANI (PATEL)versusSTATE OF GUJARAT

      C/SCA/16205/2025                            ORDER DATED: 12/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 16205 of 2025

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                     ARJANBHAI NANJIBHAI VIRANI (PATEL)
                                  Versus
                         STATE OF GUJARAT & ORS.
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Appearance:
MS KRUTI SHAH with MR VIRAL K SALOT(3500) for the Petitioner(s) No. 1
MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2,3
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     CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                              Date : 12/03/2026

                               ORAL ORDER


1.      Heard Ms. Kruti Shah, the learned advocate appearing for

Mr. Viral K. Salot, the learned advocate appearing for the

petitioner.



2.      Leave to join the Settlement Commissioner and Director of

Land Records is granted.

        Mr. Jayneel Parikh, the learned AGP waives service of notice

for and on behalf of the newly joined respondent i.e. Settlement

Commissioner and Director of Land Records.



3.      By way of present petition, the petitioner herein has prayed


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for the following reliefs :-


      “(A)     The Honourable Court may be pleased to issue a writ
      of mandamus or any other appropriate writ, order, or direction
      directing the respondents to verify and remeasure the
      petitioner's land bearing Survey No. 415/3 of village Mavdi,
      Taluka Rajkot, District Rajkot, with reference to the 1962
      Tippan, field map, and historical records and be further
      pleased to direct the respondents to rectify the Hissa Form
      No. 4 and the corresponding entries in the revenue record to
      restore the correct measurement of 19,424 square metres in
      the interest of justice.

      (B)      Pending hearing and final disposal of the present
      petition,         this Hon'ble Court may be pleased to direct the
      respondents to           maintain status quo with respect to the
      measurement and possession of the land bearing Survey No.
      415/3 of village Mavdi, Rajkot, and not to act upon the
      erroneous 2009 measurement till the final disposal of this
      petition.

      (C)      The Honourable Court be pleased to grant such other
      and further relief/s as may be deemed fit and proper in the
      facts of the case in the interest of justice.”


3.     Briefly stated, the petitioner’s father purchased the land

bearing Survey No.415-paiki by way of Registered Sale Deed



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      C/SCA/16205/2025                         ORDER DATED: 12/03/2026




dated 15.12.1975 from Raghav Dahya Kanabi wherein mutation

entry came to be entered in the revenue record as Mutation Entry

No.162 on 15.7.1985 recording the petitioner’s ownership in the

revenue record, copy of the same is produced at Annexure-B

(Collectively).



4.       Ms. Kruti Shah, the learned advocate submits that the land

bearing Survey No.415-paiki admeasures 10 Acres and 32

Gunthas at the time of verification undertaken in connection with

the Town Planning Scheme No.34, pursuant to which a new Hissa

Form No.4 was prepared. The area of Survey No.415/3 is

erroneously shown as 09 Acres 27 Gunthas instead of correct area

as 10 Acres 32 Gunthas on the ground that there is a mistake in

measurement and that the petitioner has allegedly encroached

upon Government land.



4.1     Ms. Shah, the learned advocate submits that the petitioner

herein preferred representations to various authorities, however

the same were not decided which gave rise to filing of the present

petition.




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5.     Pending the present petition, DILR has undertaken a fresh

measurement which is placed on record by Mr. Parikh, the learned

AGP appearing for the respondent – State which also states that,

there is reduction of 0.45.53 sq.mtrs., (1.5 gunthas) in Survey

No.415-paiki. The said report is forwarded to the Settlement

Commissioner.



6.       The final decision is pending before the Settlement

Commissioner. In the interest of justice, before deciding the issue

in question the petitioner be also granted an opportunity of hearing

by the Settlement Commissioner, to which Mr. Parikh, the learned

AGP has no objection.


7.     In light of the aforesaid, with the consent of the learned

advocates appearing for the respective parties, the petitioner

herein be issued notice by the        Settlement Commissioner and

grant opportunity of hearing to the petitioner by following cardinal

principles of natural justice and take decision in accordance with

law, preferably within a period of three months from the receipt of

this order. While issuing notice, it may be kept open for the

petitioner to produce relevant documents to facilitate the


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      C/SCA/16205/2025                                                        ORDER DATED: 12/03/2026




respondent authorities to take decision.


8.       With the aforesaid, the present petition stands disposed of.

         Direct service is permitted.

                                                                       (VAIBHAVI D. NANAVATI,J)
K.K. SAIYED
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SAIYED KAZIMALI(HC00169), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/03/2026 15:57:07




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