AHEMAD ABDULLA MEMON vs STATE OF GUJARAT

Court
Gujarat High Court

C/SCA/15126/2026 JUDGMENT DATED: 02/11/2026
(GJHC240748422026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15126 of 2026

FOR APPROVAL AND SIGNATURE:


HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

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Approved for Reporting Yes No
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AHEMAD ABDULLA MEMON
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR AR THACKER(888) for the Petitioner(s) No. 1
SHIVANG A THACKER(7424) for the Petitioner(s) No. 1
GOVERNMENT PLEADER for the Respondent(s) No. 1,2
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CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

Date : 02/11/2026

ORAL JUDGMENT
1. Heard Mr. Shivang Thakkar, learned advocate appearing for the
petitioner and Ms. Devanshi Patel, learned AGP appearing for the
respondent State.
2. Rule returnable forthwith. Ms. Devanshi Patel, learned AGP
waives service of rule for and on behalf of the respondent – State.

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C/SCA/15126/2026 JUDGMENT DATED: 02/11/2026
(GJHC240748422026)
3. By way of present petition, the petitioner herein has challenged the
order dated 7.8.2026 passed by the Collector, Kutch, whereby the
application of the petitioner bearing No.30107202602760 for non-
agriculture permission under Section 65 of the Gujarat Land Revenue
Code, 1879 (for short ‘the Code’) with respect to the land bearing Survey
No.1264-Paiki-1 of Mouje : Naliya, Taluka : Abdasa, District : Kutch
came to be consigned to file on the ground that Mouje : Naliya finds
place in the list of villages forwarded to the Collector in which the
process of land acquisition is to be undertaken. Therefore, the said
application came to be rejected on the ground of Government Resolution
dated 2.6.2026.
4. Mr. Thakkar, the learned advocate appearing for the petitioner
submits that the petitioner herein is the owner and occupier of the land
bearing Survey No.1264-Paiki-1 of Mouje : Naliya, Taluka : Abdasa,
District Kutch admeasuring 0-80-93 Hectare Are Sq.Mtrs., assessed at
Rs.2/- held on juni sharat ( old tenure) and bearing the field name Ajor.
The name of the petitioner is recorded as occupant and khatedar of the
land vide Khata No.2033 of Mouje Naliya.
4.1 It is submitted that the same does not form part of the Entry
No.7285 which came to be mutated in the village Form No.6 of Mouje :
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C/SCA/15126/2026 JUDGMENT DATED: 02/11/2026
(GJHC240748422026)
Naliya on 18.7.2026, whereby the aforesaid primary notification was
recorded in the Other Rights column in respect of the lands under
acquisition. The said entry was duly certified on 01.08.2026. It is
submitted that the Survey No.1264-Paiki-1 does not find place in the said
entry. In view thereof, placing reliance on the aforesaid, it is submitted
that the respondent No.2 has committed an error in rejecting the
petitioner’s application for N.A. Permission under Section 65 of the Code
on the aforesaid ground as referred to herein above.
5. Ms. Devanshi Patel, learned AGP is not in a position to controvert
the aforesaid factual position.
6. This Court has gone through the documents produced on record
and upon verification, submission made by Mr.Thakkar, the learned
advocate, requires consideration. A perusal of the Entry No.7285 mutated
in village Form No.6 of Mouje Naliya on 18.7.2026 recording the
primary notification in Other Rights Column in respect of the lands under
acquisition and duly certified on 1.8.2026, reveals that the said entry
specifically enumerates the survey numbers in respect of which the
acquisition proceedings are under way viz. Survey Nos.7, 107/1, 63, 68,
72, 74, 75/2, 96, 114/2, 117/1, 117/2 and 503 of Mouje Naliya and the
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C/SCA/15126/2026 JUDGMENT DATED: 02/11/2026
(GJHC240748422026)
land of the petitioner bearing Survey No.1264-Paiki-1 does not find place
therein. In view thereof, the impugned order passed by the Collector - the
respondent No.2 dated 7.8.2026 wherein the petitioner’s application is
rejected on the ground of the pendency of acquisition proceedings as
provided under the Government Resolution dated 2.6.2026 is erroneous
and requires to be interfered with.
7. In view of above, The present petition is partly allowed. The
impugned order dated 7.8.2026 is quashed and set aside. The petitioner
to file a fresh application and the same be decided taking into
consideration the relevant documents, more particularly, the petitioner to
produce on record the Form No.6 wherein the Entry No.7258 dated
12.6.2026 is duly certified on 1.8.2026 alongwith the application for N.A.
Permission and the respondent No.2 to decide the said application in
accordance with law within statutory period. Rule is made absolute to the
aforesaid extent. Direct service is permitted.
(VAIBHAVI D. NANAVATI,J)
K.K. SAIYED
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