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Gujarat High Court
Manish Keshavlal Solanki vs The Deputy Collector And Special Land ... on 22 January, 2026
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/638/2026 ORDER DATED: 22/01/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 638 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 664 of 2026
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MANISH KESHAVLAL SOLANKI & ANR.
Versus
THE DEPUTY COLLECTOR AND SPECIAL LAND ACQUISITION OFFICER
& ORS.
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Appearance:
MR DHRUV M PAREKH(12293) for the Petitioner(s) No. 1,2
MR MA PAREKH(1088) for the Petitioner(s) No. 1,2
MS HETAL PATEL, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS.
JUSTICE SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 22/01/2026
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. Having heard the learned counsel for the petitioners and
perused the record, both the above noted writ-petitions have
been filed by the same person against the private respondents
who are common in two writ-petitions. The claim of the
petitioners in both the writ-petitions is to pay compensation to
them with respect to the land bearing survey no.206 Paikee
(206/P), which according to the petitioners had been sold to it
by way of the registered sale-deed dated 17.04.2010,
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C/SCA/638/2026 ORDER DATED: 22/01/2026
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executed by one Kanchanben Govindbhai Vikubhai.
2. The reliefs for disbursement in the writ petitions pertain
to the acquisition proceedings conducted in the year 2010 and
2021, pertaining to different areas of the land bearing Block/
Survey No.206 sold to the petitioners by way of the sale-deed
dated 17.04.2010. As the issues involved for adjudication in
both the writ petitions are common and identical, with the
consent of the learned Advocate for the petitioners, both the
writ petitions have been heard together and are being decided
by this common judgment.
3. It is contended in the writ-petitions that with the
execution of the sale-deed dated 17.04.2010, the petitioners
herein became sole owners as they have been conferred all
rights, title and interest in the land-in-question. However,
pertinent is to record that the sale-deed itself was with
respect to a piece of land which was not free from
encumbrances and the registered sale-deed itself records that
"we will also be getting no due certificate within 30 days
regarding loan on the said land from the Jholapur Co-
operative Society Limited".
NEUTRAL CITATION
C/SCA/638/2026 ORDER DATED: 22/01/2026
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4. It seems that for this reason, the name of the petitioners
were not recorded in the revenue records inspite of the
execution of the sale-deed dated 17.04.2010. The assertion in
the writ-petitions is that the petitioners herein are ready to
furnish the mortgage amount with interest, which itself shows
that the 'No due certificate' has not been issued by the
concerned society, with whom the land-in-question had been
mortgaged. It is also pertinent to note that the Society, which
has encumbrance/mortgage on the land-in-question, as per
own case of the petitioners, has not been impleaded in both
the writ-petitions.
5. The contention in the writ-petitions is that after death of
the original owner i.e. the seller of the sale-deed dated
17.04.2010 executed in favour of the petitioners a succession
entry no.7597 was made in the name of the legal heirs of the
original owner, which was later expunged vide order dated
26.08.2025 passed by the Deputy Collector, Sanad, District-
Ahmedabad while allowing the RTS Appeal No.576 of 2024,
filed by the petitioners. As per own case of the petitioners the
said order is a conditional one, wherein it is recorded that the
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petitioners are ready to furnish the mortgage amount with
interest. The contention is that the entry no.8562 of the name
of the petitioners in the revene records, stood revived with the
setting aside the order passed by the Circle Officer-2, Sanand
by order dated 26.08.2025 in RTS Appeal. The contention is
that by the previous order dated 20.08.2024, the prayer for
mutation of the name of the petitioners in the revenue records
was rejected on the ground that the land, which was subject
matter of sale-deed, was a mortgaged land.
6. In light of these facts, atleast, it is evident that till date
the mortgage over the land-in-question has not been
redeemed. The mortgagee namely, Jholapur Co-operative
Society Limited is not impleaded in both the writ-petitions. In
our considered opinion, no valid right, title or interest could
have been passed on or transferred in favour of the
petitioners by way of the sale-deed dated 17.04.2010, unless
and until the conditions of the sale-deed for redemption of the
mortgage, are fulfilled.
7. In this scenario, the prayer made by the petitioners to
seek disbursement of compensation for the land-in-question
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C/SCA/638/2026 ORDER DATED: 22/01/2026
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which has been acquired vide two acquisition notifications
published in the year 2018 and 2021, cannot be entertained.
The present petitions are liable to be dismissed, as
misconceived. However, liberty rests with the petitioners to
approach the Competent Civil Court. No order as to costs.
(SUNITA AGARWAL, CJ )
(D.N.RAY,J)
A. B. VAGHELA
