Gujarat High Court
Odhavjibhai Haribhai Dhedhi vs State Of Gujarat on 3 October, 2025
NEUTRAL CITATION
C/SCA/4563/2017 ORDER DATED: 03/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4563 of 2017
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ODHAVJIBHAI HARIBHAI DHEDHI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR CHINTAN ADESHARA WITH MR HITESH N ACHARYA(2302) for the
Petitioner(s) No. 1
MR NIDHI VYAS, AGP for the Respondent(s) No. 1
GOVERNMENT PLEADER for the Respondent(s) No. 1
MR SHIVAM MAJMUDAR WITH MR NK MAJMUDAR(430) for the
Respondent(s) No. 10,11,12,13,14,6,7,8,9
NOTICE SERVED BY DS for the Respondent(s) No. 5
RULE SERVED for the Respondent(s) No. 2,3,4
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 03/10/2025
ORAL ORDER
1. By the present writ petition, the petitioner prays that the impugned order dated 12.01.2012 passed by Respondent No. 4 - Mamlatdar, Kamrej, whereby Mutation Entry No. 6415 pertaining to the land bearing Block No. 172, Village: Navagam, Taluka:
Kamrej, District: Surat, has been cancelled, as well as the subsequent orders dated 02.11.2012 passed by Respondent No. 3
- Deputy Collector, Surat, dated 20.02.2014 passed by Respondent No. 2 - Collector, Surat, and dated 30.06.2016 passed by the Secretary (Appeals), Revenue Department, be quashed and set aside."
2. By the said impugned orders, the Mutation Entry in favour of the petitioner has been refused on the ground that the agricultural land has been transferred by way of a registered will, Page 1 of 2 Uploaded by KUMAR ALOK(HC01091) on Mon Oct 06 2025 Downloaded on : Tue Oct 07 00:23:53 IST 2025 NEUTRAL CITATION C/SCA/4563/2017 ORDER DATED: 03/10/2025 undefined which is in breach of the The Gujarat Tenancy and Agricultural Land Act, 1948.
3. The learned counsel Mr.N.K. Majmudar appearing for the respondents submits that the issue of transfer of agricultural land by way of a will is now squarely covered by the judgment of the Hon'ble Apex Court in the case of Vinodchandra Sakarlal Kapadia vs. State of Gujarat reported in 2020 (0) AIJEL-SC 66314 as well as the Division Bench of this Court in the case of Rajenbhai Baldevbhai Shah vs. Baijiben Kabhaibhai Patanvadia and Ors. Reported in 2009(2) GLR 1784.
4. The learned counsel Mr.Hitesh Acharya appearing for the petitioner could not dispute the said legal position.
5. In the present case, the petitioner is also not in any way related to the original owner of the land in question. The subject land has been transferred by way of a registered will dated 29.03.2011. The impugned orders are in accordance with the law as laid down by this Hon'ble Court as well as the Hon'ble Apex Court. The present Special Civil Application is accordingly dismissed. No order as to costs. Rule is discharged.
(ANIRUDDHA P. MAYEE, J.) KUMAR ALOK Page 2 of 2 Uploaded by KUMAR ALOK(HC01091) on Mon Oct 06 2025 Downloaded on : Tue Oct 07 00:23:53 IST 2025