KALPESHBHAI HARILAL VASAVA vs STATE OF GUJARAT

Court
Gujarat High Court

C/SCA/15824/2026 JUDGMENT DATED: 26/10/2026
(GJHC240786732026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15824 of 2026

FOR APPROVAL AND SIGNATURE:


HONOURABLE MRS. JUSTICE M. K. THAKKER

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Approved for Reporting Yes No
✔
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KALPESHBHAI HARILAL VASAVA & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR RUTUL P DESAI(6498) for the Petitioner(s) No. 1,2,3
MS. BHUMI GANDHI, AGP for the Respondent(s) No. 1,2,3
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CORAM: HONOURABLE MRS. JUSTICE M. K. THAKKER

Date : 26/10/2026

ORAL JUDGMENT
1. Rule returnable forthwith. Learned AGP Ms. Bhumi
Gandhi waives service of Rule on behalf of respondent-
State.
2. The present petition is filed for following reliefs:-
“A) This Honorable Court may be pleased to issue a writ of
certiorari, or any other appropriate writ, order, or direction,
quashing and setting aside the impugned order dated 02/03/2026
(Annexure-A) passed by the Respondent No. 2 Collector, Bharuch
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rejecting the petitioners' application under Section 65 of the
Gujarat Land Revenue Code, 1879 and thereby be pleased to
direct the Respondent No. 2 Collector, Bharuch to reconsider the
application for grant of Non-Agricultural (NA) permission under
Section 65 of the Gujarat Land Revenue Code, 1879 without
raising objection regarding title not clear, in light of the principle
laid down by this Hon'ble Court.
(B) Pending admission, hearing, and final disposal of this petition,
this Honorable Court may be pleased to stay the operation,
implementation, and execution of the impugned order dated
02/03/2026(Annexure A), passed by the Respondent No. 2
Collector, Bharuch, and direct the Respondent no. 2 to reconsider
the application of the petitioners for grant of NA permission under
section 65 of the Gujarat Land Revenue Code, 1879.
(C) Pass such other and further relief(s) as may be deemed just,
proper, and necessary in the facts and circumstances of the case
and in the interest of justice.”
3. Heard learned advocate Mr. Rutul Desai for the
petitioner and learned AGP Ms. Bhumi Gandhi for the
respondent-State.
4. Learned advocate Mr. Desai submits that the application
filed under Section 65 of the Gujarat Land Revenue
Code, 1879 came to be rejected by the Collector vide
order dated 02.03.2026, on the following three grounds:
(i) the title to the land is not clear; (ii) the opinion of the
ALT is adverse; and (iii) the application had previously
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been ordered to be filed. It is submitted that the reasons
assigned for rejection have not been duly verified. It is
further submitted that the earlier application came to be
rejected on the ground that the land had been
transferred in violation of Section 73AA of the Gujarat
Land Revenue Code, 1879. Learned advocate Mr. Desai
submits that the Division Bench of this Court, while
passing the order in Letters Patent Appeal No. 1768 of
2025, held that where the land is restored to a tribal
through a subsequent transaction, the restrictions
imposed under Section 73AA of the Code would not be
applicable. It is further submitted that the land was
transferred in favour of the present petitioner and that
the corresponding entry was mutated in the revenue
records, more particularly, in Village Form No. 6, vide
Entry No. 1736, recording that the petitioner's father
had purchased the land under a registered sale deed
dated 20.03.1986. Learned advocate Mr. Desai has also
relied upon the certificate issued by the competent
authority certifying that the petitioner belongs to a
Scheduled Tribe. It is further submitted that the scope of
the powers exercisable under Section 65 of the Code is
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limited to examining whether the case falls within the
ambit of Sections 3(11) and 3(16) of the Bombay Land
Revenue Code. It is contended that, while exercising
powers under the said provision, the authority cannot
travel beyond the scope of the statutory provisions
governing such an application. In view of the aforesaid
submissions, learned advocate Mr. Desai submits that
the reasons assigned by the Collector for rejecting the
application are unsustainable in law and that the
impugned order deserves to be quashed and set aside.
5. Learned AGP Ms. Bhumi Gandhi supports the reasons
assigned by the Collector in the order dated 02.03.2026
and submits that this Court may not exercise its
extraordinary jurisdiction under Article 226 of the
Constitution of India.
6. Having considered the submissions made by the learned
advocates for the respective parties, it emerges that the
application dated 16.01.2026, filed by the present
petitioner seeking conversion of the land for non-
agricultural use, came to be rejected by the Collector,
Bharuch, vide order dated 02.03.2026, primarily on the
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grounds that the title to the land was not clear, the
opinion of the ALT was adverse, and the grounds on
which the earlier application had been rejected had not
been addressed. It is further stated that the land was
transferred in the name of Rajendrakumar Vajechand by
Rayla Chidia vide sale deed dated 01.02.1967, which,
according to the authority, indicates that the transaction
was in violation of Section 73AA of the Gujarat Land
Revenue Code, 1879. Section 73AA of the Code deals
with restrictions on the transfer of land by a tribal
occupant to another tribal or a non-tribal, subject to the
conditions prescribed therein. The present petitioner is a
subsequent purchaser and claims to belong to a
Scheduled Tribe, in support of which reliance has been
placed upon the certificate issued by the competent
authority. The entry pertaining to the transaction has
been mutated in the revenue records vide Entry No.
1736, recording that the petitioner's father purchased
the land under a registered sale deed dated 20.03.1986.
This Court has also referred to the circulars issued by
the competent authority, more particularly, those dated
07.10.2026 and 15.10.2026, which read as under:-
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C/SCA/15824/2026 JUDGMENT DATED: 26/10/2026
(GJHC240786732026)
“07.10.2026
By the circular shown at reference (2) herein above, the procedure
for obtaining non-agricultural permission has been made ONLINE across
the entire State, and by the circular shown at reference (3), instructions
have been issued regarding revenue title verification solely in cases of
farmer verification. By the oral order of the Hon'ble High Court shown at
reference (4), it has been directed to ensure that the dignity of the orders
passed by the Hon'ble High Court from the year 2011 to 2026 is
maintained while determining the legal position regarding the provisions
of Section 65 of the Gujarat Land Revenue Code, 1879. In this regard, all
Collectors are hereby circulated with the instructions mentioned herein
below regarding matters to be considered while undertaking proceedings
for non-agricultural (NA) permission under Section 65 of the Gujarat Land
Revenue Code, 1879:
Circular:
(1) While undertaking proceedings for non-agricultural (NA) under Section
65 of the Gujarat Land Revenue Code, 1879, necessary legal proceedings
shall be undertaken after carefully studying the judgments and orders of
the respective Hon'ble Court.
(2) During the verification of an application for non-agricultural
permission, it shall be verified whether the applicant is the lawful
Occupant/Holder of the land in question as per Section 3(11) and Section
3(16) of the Gujarat Land Revenue Code, 1879, and the application for
non-agricultural permission shall be appropriately disposed of in
accordance with the prevailing laws, rules, and instructions issued by the
Government from time to time.
(3) While deciding up on applications for non-agricultural permission, the
instructions issued by the Hon'ble Court under sub-judice cases shall be
complied with, and utmost care shall be taken to ensure that there is no
contempt of the orders passed by the Hon'ble Court.
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15.10.2026
References (1) to (2) indicate that the oral order of the High Court has
been issued to ensure compliance with the various judgments of the High
Court while granting non-agricultural permission under the provisions of
Section 65 of the Gujarat Land Revenue Code-1879 and to make
necessary amendments in the various rules, resolutions and instructions
related to the granting of non-agricultural permission under the
provisions of Section 65 of the Gujarat Land Revenue Code-1879 and to
cancel them if necessary.
By the resolution mentioned in reference (3), the Revenue Department
constituted an Advisory Committee for the purpose of amending and
supplementing the Gujarat Land Revenue Act-1879 and its related
resolutions, rules etc. and issuing a new consolidated law/resolution in its
place. Also, by the resolution mentioned in reference (4), the Revenue
Department constituted an Advisory Committee for the purpose of
amending and supplementing the Gujarat Land Revenue Act, 1879 and all
other laws of the Revenue Department (except the Gujarat Land Revenue
Act, 1879) and its related resolutions, rules etc. and issuing a new
consolidated law/resolution in its place.
Therefore, the government has decided to form a committee to study
various aspects and make recommendations for implementing
resolutions/circulars and necessary amendments and additions to the
policy to make the non-farm process more accurate, simple and
transparent.
After due consideration, since various departments of the Revenue
Department are involved in the process of granting non-agricultural
permission, a committee of officers as shown in the table below is
constituted to amend the various rules, resolutions and instructions
related to granting non-agricultural permission under the provisions of
Section 65 of the Gujarat Land Revenue Code-1879 and to study various
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judgments of the Supreme Court and make necessary amendments.
Position in the
Sr. No. Officers
Committee
1 Secretary (J.S.) Chairman
2 Collector-Ahmedabad Member
3 Collector-Rajkot Member
4 Collector-Vadodara Member
5 Collector-Banaskantha Member
6 Joint Secretary (J.S.) Member
7 Deputy Secretary (Land) Member
8 Deputy Secretary (J.S.) Member
9 Deputy Secretary (ULC) Member
The recommendations made by the committee will have to be submitted
in the form of a report to the Additional Chief Secretary (Revenue)
within 30 days.”
6.1. This Court has also considered the decision relied
upon by learned advocate for the petitioner in Letters
Patent Appeal No. 1768 of 2024, wherein the Division
Bench of this Court has held as under: —
“[3] The issue raised in the present appeal is about the transfer of
a tribal land to a non-tribal vide sale deed dated 25.07.1995 and
further transfer by non-tribal to a tribal vide sale deed dated
07.09.1995. There is no dispute about the fact that the tribal land
which was transferred to a non-tribal by the first sale deed had
been returned back to a tribal with the second sale deed executed
on 07.09.1995. It seems that the proceedings for the breach of the
provisions of Section 73 (AA) with respect of the Gujarat Land
Revenue Code, 1879 with respect to the first transfer dated
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25.07.1995 to a non-tribal, had been initiated on 26.06.2002 by
the Deputy Collector. However, the fact remains that on the date
of the initiation of the proceedings for the breach of condition
under Section 73 (AA), the tribal land had been returned to a
tribal.
[4] It seems that for this reason, the learned Single has refused to
interfere by recording that before the powers are exercised, third
party rights have been created and equities have been changed. In
so far as the writ petitioners are concerned, admittedly are tribal
and during the intervening period, even if the land in question
had been transferred to a non-tribal by a transaction to which the
petitioners were not parties, it would not affect the sale
transactions entered in favour of the appellants.
[5] Taking note of these facts, reflected from the reasoning given
by the learned Single Judge, and in view of undisputed facts that
within two months of the first transfer, i.e., 25.07.1995, the land
in question was restored to a tribal by the second transaction
dated 07.09.1995, we find that the plea of violation of Section 73
(AA), which may be reason for initiation of the proceedings by
the Deputy Collector, would not survive. With the second transfer,
the irregularity in the previous transaction will stand removed. [6]
We may further note with the aid of the decision of the High
Court of Bombay in the case of Atul Projects India Ltd. versus
Babu Dewoo Farle and others reported in 2011 SCC OnLine
Bombay 431 relied by the Ms. Hetal Patel, learned Assistant
Government Pleader which pertains to the provisions in Section 36
(A) of the Bombay Revenue Code, which is pari materia to Section
73 (AA) of the Gujarat Land Revenue Code, 1879. It is observed
therein relying on the division bench judgment of the Bombay
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High Court that the aforesaid provision has been enacted with a
view to protecting tribals against invidious discrimination and the
aim and object of the legislature was to reach out to all modes by
which the occupancy of a tribal may be conveyed to a non-tribal.
Whatever may be the mode of transfer, if the consequence is to
effect a transfer of the occupancy of a tribal to a non-tribal, the
requirement of prior permission would be attracted and a transfer
in violation of the aforesaid provision would be invalid and of no
legal consequence. ”
6.2. As regards the scope of examining an application
under Section 65 of the Code, this Court has referred to
the decision rendered by this Court in Rajabhai
Dosabhai Ram & Anr. Versus State Of Gujarat &
Ors ., dated 04.08.2026, in Special Civil Application
No. 725 of 2026 , wherein this Court has held as under:
—
“8. This Court in the case of Dudabhai Bhutabhai Rabari vs. State
of Gujarat & Anr., has held thus:-
“14. This Court in the case of Tusharbhai Harjibhai
Ghelani v. State of Gujarat reported in 2019 (4) GLR 2578
has dealt with the provisions of Section 65 of the Gujarat
Land Revenue Code, which pertains to NA permission. The
observations made therein are as under:-
"38. Thus, the plain reading of section 65 makes it clear
that for the purpose of grant of N.A. Permission, the first
thing the Collector should look into is whether the
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applicant, seeking N.A. Permission, is an occupant of the
land which is being assessed or held for the purpose of
agriculture. For the purpose of ascertaining this, the
Collector is expected to look into the revenue records. The
name of the applicant in the revenue records would prima
facie go to show or rather indicate that he is the occupant
of the land. The second step in the process would be to
ascertain whether such land is being assessed or held for
the purpose of agriculture.
39. Section 65 of the Code provides for the uses to which
an occupant of land for the purpose of agriculture may put
his land to. If the occupant of the land wishes to use the
land for purposes other than the agriculture or agriculture-
related activities, he is required to make an application to
the Collector for permission to do so. It may be noted that
the key-word in Section 65 is the occupant of the land. It
is sufficient for the purposes of Section 65, that the person
applying for NA Permission is an occupant of the land. It
is nowhere stated in the said provision that the applicant
should have title or ownership over the land for which NA
Permission is sought. The legislature, in its wisdom, has
thought it fit that it should suffice if an occupant of the
land applies for NA Permission. It is not necessary that
such person has to prove his title to the land before he
makes an application. The present case is on a far better
footing. Not only are the petitioners occupants of the land,
they are also the owners thereof, by a legal and valid
registered Sale Deed. The said sale deed may be a subject
matter of challenge before the Civil Court but the fact
remains that the Civil Court has not yet passed any decree
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cancelling the same or declaring it to be illegal or obtained
by fraud.
40. Thus, it transpires that, no power is available to the
Collector under Section 65 of the Code to examine or
conclude regarding the title of the writ applicants over the
land in question. A bare reading of the said provision
makes it clear that it only provides for the uses to which
an occupant of land for agricultural purposes, may put his
land to. The provision further lays down the procedure to
be followed for making an application for NA Permission
by the occupier and the manner in which it is to be
processed by the Competent Authority. Nowhere is it
contemplated in Section 65 that the Collector is empowered
to undertake an inquiry into the title of the occupier."
xxx xxx xxx xxx
16. Again, this Hon’ble Court in the case of Rajendra
Mulchand Verma V. State of Gujarat in Special Civil
Application No. 11833 of 2021 has held that:
“7. A reference can be made to the decision of this Court
in the case of Laxmi Associates (supra), wherein it was
held that while exercising powers under one revenue law,
the Collector cannot concurrently exercise powers vested in
him under another revenue law. It is also observed therein
that while dealing with an application under Section 65 of
the Bombay Land Revenue Code, the Collector cannot
exercise powers vested in him under any other revenue
law.
8. It is well settled principle of law that the Collector is
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not entitled to go into the title of the land and is expected
to decide the application within reasonable period of time
as per the provisions of Section 65 of the Bombay Land
Revenue Code. Now, admittedly in the present case, the
Collector has not followed the law settled by this Court in
various decisions and has passed the impugned order,
which is not sustainable in the eyes of law. The Collector
ought to have followed the Government Circulars, wherein
detailed procedure is prescribed for dealing with an
application under Section 65 of the Bombay Land Revenue
Code for granting NA permission. It appears that the
Collector has not followed that procedure and has rejected
the application on another ground. When no inquiry under
Tenancy Act during the lifetime of the mother of the
petitioners was made, the Collector ought not to have
exercised powers under another Act while dealing with an
application for NA permission under Section 65 of the
Bombay Land Revenue Code. Under these circumstances,
the impugned order of the Collector deserves to be quashed
and set aside and direction is required to be issued to him
to consider application dated 9.3.2021 for grant of NA
permission in accordance with settled legal principles
within reasonable time.” Therefore, it has been held that
while dealing with an application under Section 65, the
Collector cannot exercise powers vested in him under any
other revenue law and collector is not entitled to go into
the tile of the land.”
xxx xxx xxx xxx
23. Thus, the legal position as emerges is that the
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following are not relevant factors for consideration for the
N.A. purpose:
i. Once possession is altered and N.A. use permission is
granted, and substantial expenditure is incurred, the
authority is estopped from issuing any notice under laws
applicable to agricultural land. Unless and until there is a
breach of conditions of the N.A. use permission is
established, no such notice can be issued by the authority
pertaining to the agricultural land.
ii. Keeping in mind the larger public interest, if likely to
be affected by any such decision of the authority granting
permission to put the land to non-agricultural use. I
ii. TDO may either reject the application, or he may grant
the application, but the TDO cannot say that since the civil
suit is pending and objections have been raised application
cannot be filed.
iv. Decision is attached to the land in question and not to
the person.
v. In absence of prohibitory order from any competent
Court against grant of N.A. permission Collector is not to
go into question of title of the land and is expected to
decide the application within reasonable time
vi. While considering the N.A. application it is not open
for the collector to consider whether the applicant is an
agriculturist or not.
vii. Merely because there are proceedings pending before
the Revenue Authorities in the RTS Appeals which have
been referred to by the Collector in his order impugned,
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the same cannot be made ground to reject the permission
of the petitioner.
viii. It is sufficient for the purposes of Section 65 of
Gujarat Land revenue code, 1879, that the person applying
for NA Permission is an occupant of the land. It is
nowhere stated in the said provision that the applicant
should have title or ownership. It is not necessary for the
applicant to prove his title over the land before filing of
N.A. permission.
ix. Without giving opportunity of being heard to the
applicant, collector cannot reject N.A. permission.
x. While dealing with an application under Section 65, the
Collector cannot exercise powers vested in him under any
other revenue law and collector is not entitled to go into
the tile of the land.
xi. Mere pendency of any civil suit cannot be a ground to
reject the N.A. application.
xii. Mere pendency of the civil suit or raising of objection
are no ground for rejection of the NA permission.
xiii. Merely because there are proceedings pending before
the revenue authorities in the RTS appeals, the same
cannot be made a ground to reject the permission.
xiv. In absence of any pending or concluded proceedings
against the applicant, the authority cannot deny N.A.
permission on the ground that the predecessor in title of
the predecessor of the petitioner was not an agriculturist.
xv. Application for N.A. permission, cannot be denied on
the ground of an alleged breach of Section 63 of the
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Tenancy Act committed by a prior owner, of which the
petitioner had no knowledge.”
9. The scope of exercise of powers under Section 65 of the Code
by the competent authority does not empower the competent
authority to examine or conclude the title of the applicant over
the land in question. The same will amount to adjudicating the
application beyond the powers vested in the competent authority
under the provisions of Section 65 of the Code and hence, would
be without jurisdiction.”
6.3. Having considered the overall circumstances of the
case, this Court is of the opinion that, while examining
the application filed by the present petitioner, the
learned Collector ought to have taken into consideration
the aforesaid decisions, circulars, and the certificate
produced by the petitioner.
6.4. In view of the above, the impugned order deserves to
be quashed and set aside, and the matter is required to
be remanded to the learned Collector for
reconsideration of the petitioner's application dated
16.01.2026, keeping in view the circulars issued by the
Government, the judgments referred to hereinabove,
and the caste certificate forming part of the record of
the present petition.
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6.5. It is clarified that this Court has not entered into the
merits of the case while passing the present order. The
petitioner shall be at liberty to raise all contentions
available to him before the competent authority. The
aforesaid exercise shall be completed within a period of
three months from today.
7. In view of the foregoing, the petition is partly allowed.
8. Rule is made absolute to the aforesaid extent.
(M. K. THAKKER,J)
NIVYA A. NAIR
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