Gujarat High Court
Legal Heirs Of Deceased Somabhai ... vs The Sate Of Gujarat on 4 September, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/CA/4592/2025 ORDER DATED: 04/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR LEAVE TO APPEAL) NO. 4592 of 2025
In F/LETTERS PATENT APPEAL NO. 21527 of 2025
With
F/LETTERS PATENT APPEAL NO. 21527 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 18869 of 2007
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In F/LETTERS
PATENT APPEAL NO. 21527 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 18869 of 2007
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LEGAL HEIRS OF DECEASED SOMABHAI VITTHALBHAI & ORS.
Versus
THE SATE OF GUJARAT & ORS.
=============================================
Appearance:
MR SANDIP M PATEL(5649) for the Applicant(s) No.
1,1.1,1.2,1.3,1.4,1.5,1.6
MR.SANJAY UDHWANI, ASST.GOVERNMENT PLEADER for the
Respondent(s) No. 1,5
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 04/09/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. This is a wholly misconceived application seeking leave to file the Letters Patent Appeal challenging the judgment and order dated 12.12.2024 passed by the learned Single Judge, whereby the writ petition challenging the orders passed by the Revenue Authorities under the Gujarat Tenancy and Agricultural Lands Act, 1948 has been allowed with the observations as under:-
Page 1 of 4 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Wed Sep 10 2025 Downloaded on : Wed Sep 10 22:24:49 IST 2025NEUTRAL CITATION C/CA/4592/2025 ORDER DATED: 04/09/2025 undefined "14. It goes without saying that the petitioners shall abide by the statement made before this Court and in no case, the land shall be used for the purpose of non-agriculture without the payment of the premium as per the prevalent market value and in case the petitioner fails to do so, the authorities will be at liberty to take steps against the petitioners in accordance with law. Necessary entries shall be posted in the revenue record, regularising the transaction of the year 1972.
15. In view of the above, the grievance raised in the captioned writ petition, would not survive and has been rendered academic.
Consequently, the order dated 17.08.1989 passed by the Mamlatdar & ALT, Bhavnagar; order dated 23.04.1990 passed by the Deputy Collector, Bhavnagar; and order dated 19.04.2005 passed by the Tribunal, shall not come in the way of petitioners.
16. The petition is accordingly allowed. Rule is made absolute to the aforesaid extent. No order as to costs."
2. Pertinent is to note that correct and complete facts with regard to the claim of the applicants over the lands in question, which was subject matter of consideration before the writ court, have not been disclosed in the application seeking leave to appeal.
3. Only this much is stated by the applicants in paragraph No.'4' of the application that one Somabhai Vithalbhai was joined as respondent No.4 before the writ court in the Special Civil Application No.18869 of 2007, which has been decided vide judgment and order dated 12.12.2024. However, Somabhai Vithalbhai did not appear before the learned Single Judge, either personally or through an advocate.
4. Further, the contention is that Somabhai Vithalbhai was also known as 'Samjibhai Vithalbhai Solanki' and had expired but no substitution application was preferred before the Page 2 of 4 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Wed Sep 10 2025 Downloaded on : Wed Sep 10 22:24:49 IST 2025 NEUTRAL CITATION C/CA/4592/2025 ORDER DATED: 04/09/2025 undefined learned Single Judge, resultantly, the heirs of the respondent No.4 could not be brought on record.
5. Pertinent is to note that in paragraph No. '5' of the application, the applicants state that Somabhai Vithalbhai was also known as 'Shyamjibhai Vithalbhai' and had expired on 27.12.2018. The only contention made by the applicants seeking leave to appeal is that the applicants had interest in the lands in question and since they were not substituted, the whole proceedings before the writ court were conducted one sided. The disputed lands belong to the applicants.
6. Besides these vague assertions in the application seeking leave, pertinent is to note that neither any pedigree nor any other document has been brought on record to even show that the applicants are heirs and legal representatives of the said Somabhai Vithalbhai, who was impleaded as respondent No.4 before the writ court. There is nothing on record which would indicate that the applicants have any right, title or interest in the lands in question.
7. From the perusal of the assertions in the application seeking leave, only this much can be discerned that the applicants are claiming their rights through their father, who was allegedly impleaded as respondent No.4 before the Writ Court.
8. Be that as it may, in view of own admission of the applicants that the respondent No.4 before the writ court did not appear in the writ proceedings, it cannot be argued that Page 3 of 4 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Wed Sep 10 2025 Downloaded on : Wed Sep 10 22:24:49 IST 2025 NEUTRAL CITATION C/CA/4592/2025 ORDER DATED: 04/09/2025 undefined the writ petition has been decided ex parte against the respondent No.4. Suffice it to say that there was no occasion to bring on record the heirs and legal representatives of deceased respondent No.4, who himself had chosen not to appear before the writ court. The applicants cannot have any independent claim to be substituted or be heard by the writ court.
9. Besides that, in view of the observations made in the judgment and order dated 12.12.2024 passed by the Writ Court, as noted hereinbefore, the application seeking leave to appeal cannot be entertained.
10. For the above, the present application stands dismissed being misconceived. No order as to costs.
(SUNITA AGARWAL, CJ ) (D.N.RAY,J) SAHIL S. RANGER Page 4 of 4 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Wed Sep 10 2025 Downloaded on : Wed Sep 10 22:24:49 IST 2025