Gujarat High Court
Bhanjibhai Dhanjibhai Gohil Through ... vs State Of Gujarat Through Secretary on 24 September, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
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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
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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
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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
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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
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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.
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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
