BHAVANBHAI ZULUBHAI PAWAR vs STATE OF GUJARAT

C/SCA/4646/2012 JUDGMENT DATED: 16/10/2026
(GJHC240410562012)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4646 of 2012

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE DEVAN M. DESAI

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Approved for Reporting Yes No

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BHAVANBHAI ZULUBHAI PAWAR
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR ZUBIN F BHARDA(159) for the Petitioner(s) No. 1
MS RAJVI SHAH AGP for the Respondent(s) No. 1,2
MR SHAKEEL A QURESHI(1077) for the Respondent(s) No. 3,5,6
UNSERVED EXPIRED (N) for the Respondent(s) No. 4
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CORAM: HONOURABLE MR. JUSTICE DEVAN M. DESAI

Date : 16/10/2026

JUDGMENT
1. The present petition is filed under Article 226 of
Constitution of India, 1950 by petitioner, praying for following
reliefs:-
"A. That this Hon'ble Court be pleased
to admit and allow the present petition and
in turn the impugned order dated 9/9/2011
passed by the respondent No.1 herein
rejecting the Appeal
No.MVV/HKP/Dangs/2/01 and in turn
upholding the order passed by the Collector,
Dangs in R.T.S. Appeal No.
MHS/Vashi/252/01, dated 23/2/2001 in turn
confirming the action of the Collector,
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C/SCA/4646/2012 JUDGMENT DATED: 16/10/2026
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Dangs, of entering the land bearing Survey
Nos. 38/1 and 38/2 in village - Chikhoi,
Taluka-Ahwa, District-Dangs, in the names
of the respondent Nos. 3 to 6 in the year
1970 and in turn set aside the mutation
entries made in favour of the respondent
Nos. 3 to 6 herein in the interest of justice.
B. Pending admission and/or final disposal
of the petition, this Hon'ble Court be
pleased to stay the operation of the order
dated 9/9/2011 passed by respondent No. 1
herein rejecting the Appeal No.
MVV/HKP/Dangs/2/01 upholding the order
passed by the Collector, Dangs in R.T.S.
Appeal No. MHS/Vashi/252/01, dated
23/2/2001 in respect to the land bearing
Survey Nos. 38/1 and 38/2 situated in
village Chikhli, Taluka-Ahwa, District -
Dangs, till this petition is finally heard and
decided by this Hon'ble Court.
C. That this Hon'ble Court be pleased to
grant such other and further relief as may
be deemed fit and proper in the facts and
circumstances of the case.
D. That this Hon'ble Court be pleased to
award cost of the petition from the
respondents."
2. Heard learned advocate Mr. Zubin. F. Bharda for
petitioner, learned AGP Ms. Rajvi Shah for respondent Nos.1,2.
Though served, none appeared for respondent number 3 to 6.
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C/SCA/4646/2012 JUDGMENT DATED: 16/10/2026
(GJHC240410562012)
3. Brief facts of the present case are as under:-
3.1. The petitioner's case is that his father was the
owner and occupant of the lands bearing Survey Nos.
38/1 and 38/2 of Village Chikki, Taluka Ahwa, District
Dang. The learned Collector, Dang, without issuing any
notice to the petitioner's father, entered the names of
Respondent Nos. 3 to 6 in the revenue records on the
basis of a resolution issued by the Revenue Department
bearing No. FSD/1070/522875. Thereafter, petitioner
invoked Section 211 of the Bombay Land Revenue Code
by way of an appeal before the learned Collector, Dang,
who informed the petitioner on 23.02.2011 that the
entries in the revenue records had been mutated pursuant
to an order passed by the Collector and that he had no
authority to review his own order. The petitioner was,
therefore, directed to approach the learned Special
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C/SCA/4646/2012 JUDGMENT DATED: 16/10/2026
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Secretary (Appeals), Revenue Department, Ahmedabad.
The learned Special Secretary (Appeals) dismissed the
appeal on 09.09.2011. Being aggrieved and dissatisfied
with the impugned order, the petitioner has approached
this Court by way of present petition.
4. At the outset, learned advocate for petitioner contended
that the petitioner's father was the owner of the lands in
question. The Revenue Department, relying upon the resolution
dated 06.02.1970, mutated the names of Respondent Nos. 3 to
6 in the revenue records without issuing any notice under
Section 135D of the Code. The petitioner challenged the said
entries after the demise of his father. While rejecting the
petitioner's appeal, the learned Collector, Dang, informed him
that, by resolution dated 06.02.1970, it had been resolved that
the lands be granted to persons holding possession as on
01.01.1970. The learned Collector further stated that the
entries mutated in the revenue records could not be reviewed
or revised by him, as he had no authority to do so. The
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C/SCA/4646/2012 JUDGMENT DATED: 16/10/2026
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learned Special Secretary (Appeals) reiterated the same
observations and dismissed the appeal.
5. It was further contended by the learned advocate for the
petitioner that no notice under Section 135D of the Code had
ever been issued to the petitioner's father. The petitioner's
father was in possession of the lands prior to 1970, and after
his father's demise, the petitioner continued to remain in
possession of the lands. While mutating the names of
Respondent Nos. 3 to 6, the learned Collector failed to verify
the relevant records, and the disputed entries came to be
mutated behind the back of the petitioner's father. The revenue
authorities committed a grave error of law and exceeded the
jurisdiction vested in them. Therefore, the learned advocate for
the petitioner prayed that the present petition be allowed and
the orders dated 23.02.2011 and 09.09.2011 be quashed and
set aside. Except above, no other submissions were made by
learned advocate for petitioner.
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C/SCA/4646/2012 JUDGMENT DATED: 16/10/2026
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6. Per contra, learned AGP, Ms. Rajvi Shah supported the
orders passed by the revenue authorities and contended that,
during the lifetime of the petitioner's father, no challenge had
been raised against the mutation entries. The petitioner had
failed to produce any evidence to establish that his father was
in possession of the lands in question prior to 1970 or even as
on 01.01.1970. Both the impugned orders were just and
proper, and no interference by this Court was warranted.
Except above, no other submissions were made by learned AGP
for respondent Nos.1 and 2.
7. Having considered the submissions canvassed by learned
advocates for the respective parties and upon perusal of the
record, it appears that the question involved in the present
petition is within a narrow compass. The resolutions dated
01.03.1970 and 31.05.1971, issued by the Revenue Department
of the Government, provided that tribals who were in
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C/SCA/4646/2012 JUDGMENT DATED: 16/10/2026
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possession of lands as on 01.01.1970 would be granted such
lands. The lands bearing Survey Nos. 38/1 and 38/2 were
granted to Respondent Nos. 3 to 6, and the relevant Mutation
Entry Nos. 16 and 26 were made in the revenue records in
1971. The revenue records, particularly the extracts of Village
Forms Nos. 7 and 12, show that the names of Respondent Nos.
3 to 6 were mutated in the revenue records.
8. Moreover, it is pertinent to mention that the petitioner's
father did not challenge either of the aforesaid entries during
his lifetime. After a period of approximately 30 years, on
03.01.2001, the petitioner raised a dispute before the learned
Collector, Dang, regarding the mutation of the names of
Respondent Nos. 3 to 6 in the revenue records. The petitioner
contended that his father was in possession of the lands in
question. However, no evidence was produced by the petitioner
to substantiate this contention. Even upon perusal of Village
Forms Nos. 7 and 12, it appears that the name of the
petitioner's father is reflected in the column pertaining to other
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C/SCA/4646/2012 JUDGMENT DATED: 16/10/2026
(GJHC240410562012)
rights, whereas the names of Respondent Nos. 3 to 6 are
reflected as occupants of the lands.
9. There is, undisputedly, a gross delay of almost 30 years
in challenging the revenue entries. The petitioner was required
to provide a cogent and reliable explanation for such an
inordinate delay. A person challenging a mutation entry by
invoking the revenue jurisdiction must approach the revenue
authorities within a reasonable period. If there is any delay,
the same must be satisfactorily explained by providing a
plausible justification. A person who remains inactive despite
the position reflected in the revenue records and the actual
state of affairs on the land, and thereafter challenges the
revenue entries after an unexplained and inordinate delay,
would not be entitled to have the disputed entries set aside.
10. In view of the aforesaid facts and circumstances,
petitioner has failed to establish that his father was in
possession of the lands in question as on 01.01.1970.
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C/SCA/4646/2012 JUDGMENT DATED: 16/10/2026
(GJHC240410562012)
Moreover, the challenge raised after a lapse of three decades
renders the petition devoid of merit. Accordingly, the petition
is dismissed. Rule is discharged accordingly. Interim relief, if
any, stands vacated forthwith.
(D. M. DESAI,J)
SHIVANI SHUKLA
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