Gujarat High Court
Bhanjibhai Dhanjibhai Gohil Through ... vs State Of Gujarat Through Secretary on 24 September, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/2063/2012 ORDER DATED: 24/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2063 of 2012
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BHANJIBHAI DHANJIBHAI GOHIL THROUGH POWER OF ATTORNEY
HOLDER & ANR.
Versus
STATE OF GUJARAT THROUGH SECRETARY & ORS.
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Appearance:
MR HRIDAY BUCH, ADVOCATE FOR MR SATYAM Y CHHAYA(3242) for
the Petitioner(s) No. 1,2
MS HETAL PATEL, ASST. GOVERNMENT PLEADER for the Respondent(s)
No. 1,2,3,4
MR SIDDHANT R SHAH, ADVOCATE FOR MR ANKIT SHAH(6371) for the
Respondent(s) No. 10,11,12,13,5,6,7,8,9
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS.
JUSTICE SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 24/09/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. Heard Mr. Hriday Buch, learned advocate appearing for Mr. Satyam Chhaya, learned advocate for the petitioners; Ms. Hetal Patel, learned Assistant Government Pleader for the respondent nos.1 to 4 and Mr. Siddhant R. Shah, learned advocate appearing for Mr. Ankit Shah, learned advocate for the respondent nos.5 to 13.
2. The present petition has been filed in the year 2012 Page 1 of 6 Uploaded by A. B. VAGHELA(HC01079) on Fri Sep 26 2025 Downloaded on : Sat Sep 27 01:50:09 IST 2025 NEUTRAL CITATION C/SCA/2063/2012 ORDER DATED: 24/09/2025 undefined challenging the order dated 04.02.2012 passed in Land Reference Case No.169 of 1993 by the Principal Senior Civil Judge, Amreli, in rejecting the objections filed by the petitioners for disbursement of compensation determined under the Reference Court Award passed in favour of the respondents. In the writ petition amongst various contentions made to assert the rights of the petitioners herein into the land-in-question, it is stated that the petitioners had challenged the Section 32(M) certificate issued in favour of the respondents by initiating the proceedings under Section 74 of the Bombay Tenancy and Agricultural Lands Act, 1948 [in short referred to as 'the Act, 1948'] before the Deputy Collector, Amreli on the ground that the land-in-question was exempted as per Section-88(C) and the application of the landlord i.e. the predecessor in interest was already granted vide order dated 13.08.1959/ 30.09.1959, by the Deputy Collector. The Case No.1 of 2001 was initiated.
3. It is contended in the writ petition that the proceedings of Tenancy Case No.112 of 1968 under Section 32(G) which ultimately culminated into issuance of certificate under Section 32(M) dated 03.08.1992, was illegal and unjust and Page 2 of 6 Uploaded by A. B. VAGHELA(HC01079) on Fri Sep 26 2025 Downloaded on : Sat Sep 27 01:50:09 IST 2025 NEUTRAL CITATION C/SCA/2063/2012 ORDER DATED: 24/09/2025 undefined the same ought not to have been initiated. It is contended that considering the totality of the facts and circumstances vide order dated 26.12.2001, Section 32M certificate issued in favour of the private respondents herein dated 03.08.1992 was cancelled by the Deputy Collector. The respondents had filed revision before the Gujarat Revenue Tribunal challenging the order dated 26.12.2001 which has been allowed vide order dated 19.03.2010, resulting into setting aside the order dated 26.12.2001 passed by the Deputy Collector.
4. Aggrieved, the petitioners preferred a writ application namely Special Civil Application No.5510 of 2010 which was partly allowed vide judgment and order dated 19.07.2010 setting aside the order of the Tribunal and remanding the matter back to the Deputy Collector. After remand, the Deputy Collector had initiated the proceedings in Case No.1 of 2011. It is further stated in the writ petition that in the remand proceedings, the petitioners made detailed arguments, contending that the land-in-question was exempted and certified under Section 88(C) in favour of the predecessor of the petitioners. A revenue entry with regard to the exemption in the form of entry no.3973 was also pointed Page 3 of 6 Uploaded by A. B. VAGHELA(HC01079) on Fri Sep 26 2025 Downloaded on : Sat Sep 27 01:50:09 IST 2025 NEUTRAL CITATION C/SCA/2063/2012 ORDER DATED: 24/09/2025 undefined out. However, a cryptic and unreasoned order was passed by the Deputy Collector dated 12.12.2011 holding that the certificate under Section 32(M) dated 03.08.1992 had rightly been issued by the Mamlatdar.
5. Aggrieved, the petitioners again filed revision under Section 76 of the Tenancy Act, 1948 before the Gujarat Revenue Tribunal. The statement in the writ petition is that the revision application and the stay application were heard by the Tribunal on 11.01.2012 and while the petitioners were awaiting the order on the stay application, the private respondents made an application before the Principal Senior Civil Judge, Amreli to release the compensation amount awarded under the Reference Court Award in their favour. As a result of it, the petitioners had filed objections placing on record the pendency of the revision application. The Reference Court, however, had wrongly passed order dated 04.02.2012 rejecting the objections of the petitioners. Further, stay application to postpone the implementation of the order dated 04.02.2012 was also rejected on 06.02.2012.
6. From the perusal of the writ petition, the contention Page 4 of 6 Uploaded by A. B. VAGHELA(HC01079) on Fri Sep 26 2025 Downloaded on : Sat Sep 27 01:50:09 IST 2025 NEUTRAL CITATION C/SCA/2063/2012 ORDER DATED: 24/09/2025 undefined made in the writ petition, it may be noted that the only ground to assail the order passed by the Reference Court dated 04.02.2012 in the present petition is the pendency of the revision before the Gujarat Revenue Tribunal. It seems that it is for this reason, while continuing with the interim relief granted to the petitioners vide order dated 19.03.2012, this petition had been adjourned sine die vide order dated 19.08.2015, while keeping it open to the parties to bring the decision of the Gujarat Revenue Tribunal, once passed.
7. Pursuant to the order dated 10.09.2025 passed by us, Ms. Hetal Patel, learned Assistant Government Pleader appearing for the State respondents, upon instructions, would submit that the revision filed by the petitioners has been dismissed vide order dated 22.01.2016 passed by the Gujarat Revenue Tribunal. This fact is admitted to the learned advocate appearing for the petitioners who has supplied the copy of the said order. It is, however, submitted by the learned advocate for the petitioners that a writ petition No.5163 of 2016 has been filed challenging the order passed by the Gujarat Revenue Tribunal which is pending consideration before this Court.
Page 5 of 6 Uploaded by A. B. VAGHELA(HC01079) on Fri Sep 26 2025 Downloaded on : Sat Sep 27 01:50:09 IST 2025
NEUTRAL CITATION C/SCA/2063/2012 ORDER DATED: 24/09/2025 undefined
8. Be that as it may, as on date, the petitioners have not been able to establish of having any right, title or interest in the land-in-question. The certificate dated 03.08.1992 issued in favour of the respondents under Section 32(M) is a valid certificate as on date. In this scenario, we cannot attach any illegality to the order dated 04.02.2012 passed by the Principal Senior Civil Judge, Amreli in Land Reference Case No.169 of 1993, in rejecting the objections filed by the petitioners.
9. The present petition, is accordingly, dismissed. However, it is open for the petitioners to pursue the writ petition filed by him and seek appropriate reliefs. Interim relief, granted earlier, shall stand vacated forthwith.
(SUNITA AGARWAL, CJ ) (D.N.RAY,J) A. B. VAGHELA Page 6 of 6 Uploaded by A. B. VAGHELA(HC01079) on Fri Sep 26 2025 Downloaded on : Sat Sep 27 01:50:09 IST 2025