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Gujarat High Court
Shiraliben Pareshbhai Patel vs State Of Gujarat on 10 April, 2026
NEUTRAL CITATION
C/SCA/21265/2017 ORDER DATED: 10/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 21265 of 2017
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SHIRALIBEN PARESHBHAI PATEL
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR ASHUTOSH S DAVE(8865) for the Petitioner(s) No. 1
MS. YESHA P DHAGAT(15747) for the Petitioner(s) No. 1
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for
the Respondent(s) No. 6,7,9
DELETED for the Respondent(s) No. 12
DS AFF.NOT FILED (N) for the Respondent No. 6.1,6.2,6.3,6.4,
6.5,6.6,6.7,6.8,6.9,7.1,7.2,9.1,9.2,9.3,9.4,9.5
MR JAY TRIVEDI AGP for the Respondent(s) No. 1
NOTICE NOT RECD BACK for the Respondent(s) No. 4
NOTICE SERVED for the Respondent(s) No.
10,11,13,14,15,16,17,18,19,2,3,5,8
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 10/04/2026
ORAL ORDER
By filing present petition, the petitioner has
challenged the orders passed by the revenue
authorities, copies of which are produced on record.
Heard learned advocate, Mr. Ashutosh Dave for the
petitioner and learned AGP Mr. Jay Trivedi for the
respondent no.1.
Learned advocate, Mr. Dave submitted that the
dispute pertains to the cancellation of Entry No.2288
dated 11.04.2011 based on registered sale deed mutated
in favour of the petitioner by the original land owner
for the land bearing Survey No.552 situated in the sim
of Village : Morad, Taluka : Petlad, District : Anand.
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He submitted that the aforesaid land was originally
belonging to the respondent nos.5 to 19, who executed
registered sale deed in favour of the petitioner and
her husband by executing registered sale deed and
pursuant thereto, Entry No.2288 came to be mutated in
the revenue record on 11.04.2011, however, the said
entry was cancelled by the Circle Officer, Sunav on the
ground that Pareshbhai Rambhai Patel, who is husband of
the petitioner is not an agriculturist. He submitted
that therefore the aforesaid order was challenged
before the learned Deputy Collector by way of filng RTS
Appeal No.259/2011, however, the said Appeal was
dismissed by an order dated 12.06.2012, therefore, RTS
Revision Application No.90/2013 was preferred before
the learned Collector, who also rejected the said
revision application, therefore, Revision Application
No.101/2015 before the learned Special Secretary
(Revenue Department), Ahmedabad, who also rejected the
said revision application, therefore all above orders
have been assailed in the present petition.
Learned advocate, Mr. Dave submitted that in fact,
the husband of the petitioner viz., Pareshbhai Rambhai
Patel is not an agriculturist, however under bonafide
belief, the aforesaid land was purchased in the joint
name and that was the reason behind cancellation of the
entry based on registered sale deed by the revenue
authorities. He, however, submitted that in fact,
before filing of the present petition, a release deed
has been executed by the husband of the petitioner on
29.07.2016, whereby the husband of the petitioner has
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C/SCA/21265/2017 ORDER DATED: 10/04/2026
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waive his rights from the aforesaid land. He,
therefore, submitted that on the basis of the said
released deed, an application was made before the
revenue authority for mutation of entry, however, the
said application has not been considered on the ground
of pendency of the present petition.
Learned advocate, Mr. Dave, at this stage,
submitted that admittedly, released deed has been
executed in favour of the petitioner, copy of which is
produced on record at Annexure-F and thereby the
husband of the petitioner has already waived his rights
from the land in question. He, therefore, submitted
that considering the above facts, the matter may be
remanded back to the revenue authority for considering
the case of the petitioner afresh based on said release
deed so that appropriate decision can be taken and
entry can be mutated. He, therefore, submitted that
appropriate order may be passed remanding the matter
back.
On the other hand, learned AGP Mr. Trivedi, at the
outset, submitted that if for limited purpose, the
matter is remanded back to the concerned revenue
authority, he has no objection and appropriate order
may be passed.
Having heard learned advocates for the parties and
having considered the documents produced on record, it
is evident that the dispute is with regard to the
cancellation of the entry based on registered sale
deed. Having considered the impugned orders along with
the reasonings given by the authorities, it is evident
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C/SCA/21265/2017 ORDER DATED: 10/04/2026
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that the reason behind cancellation of entry and
confirmation of the said order by higher authority is
that the husband of the petitioner is not an
agriculturist when the said land was purchased. However
as contended earlier, the husband of the petitioner has
already waived his rights from the land in question by
way of executing release deed in favour of the
petitioner, copy of which is produced on record.
Therefore considering the above facts of the case, the
request of the petitioner for remanding the matter back
before the concerned revenue authority for fresh
consideration deserves to be considered.
In view of above facts of the case, the order
dated 13.04.2016 passed by the respondent - Special
Secretary in Revision Application
No.MVV/HKP/ANAND/101/2015, the order dated 30.03.2015
passed by the respondent - Collector, Anand in RTS
Revision Application No.90/2013 and the order dated
12.06.2012 passed by the respondent - Deputy Collector,
Petlad in RTS Appeal No.259/2011 are hereby quashed and
set aside and thereby the matter is remanded back
before the learned Circle Officer, Sunave for fresh
consideration of mutation of entry based on release
deed executed by the husband of the petitioner in
favour of the petitioner waiving his rights from the
land in question. It is clarified that this Court has
not considered the merits of the case, therefore, as
and when the issue involved in the matter is
considered, it shall be decided on merits on merits
without being influenced by the present orders.
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C/SCA/21265/2017 ORDER DATED: 10/04/2026
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With the above observations and directions, the
present petition stands disposed of. Direct service is
permitted.
(DIVYESH A. JOSHI, J.)
Gautam
