TEQ GREEN POWER XVI PRIVATE LIMITED vs STATE OF GUJARAT
- Court
- Gujarat High Court
C/SCA/3762/2026 JUDGMENT DATED: 04/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3762 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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TEQ GREEN POWER XVI PRIVATE LIMITED
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. MRUGESH A BAROT(6709) for the Petitioner(s) No. 1
MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2
NOTICE SERVED BY DS for the Respondent(s) No. 2
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CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 04/05/2026
ORAL JUDGMENT
1. Rule returnable forthwith. Mr. Jayneel Parikh, learned AGP
waives the service of notice of Rule for and on behalf of respondent –
State authorities.
2. Heard Mr. Mrugesh Barot, learned advocate appearing for the
petitioner and Mr. Jayneel Parikh, learned AGP appearing for the
respondent – State authorities.
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C/SCA/3762/2026 JUDGMENT DATED: 04/05/2026
3. By way of the present petition, the petitioner herein has prayed
for the following reliefs:
22. In the premises aforesaid, Petitioner most humbly and
respectfully prays that:
A) YOUR LORDSHIP'S may be pleased to issue a writ of
mandamus or any other appropriate writ in the nature of
mandamus, order or direction quashing and setting aside
the impugned order dated 21.01.2026 (Annexure- I) passed
by the Ld. Deputy Collector, Bhachau, in Application No.
40102202506692 and further be pleased to direct the Ld.
Deputy Collector, Bhachau to grant Temporary Non-
Agricultural use permission in favour the petitioner in light
of the settled legal principle within stipulated period; B)
During the pendency and final disposal of the present
petition, YOUR LORDSHIPS may be pleased to direct the
Ld. Deputy Collector, Bhachau to grant Temporary Non-
Agricultural use permission in favor the petitioner in light of
the settled legal principle within stipulated period;
C) Pass any such other and/or further orders that may be
thought just and proper, in the facts and circumstances of
the present case;”
4. The petitioner herein challenges the impugned order dated
21.01.2026 passed by the Deputy Collector in Application No.
40102202506692 wherein the petitioner’s application for temporary
Non-Agricultural (NA) use permission came to be rejected on the
ground that the first mutation entry of the land bearing Survey No. 47
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(Old Survey No. 551) admeasuring Hector 3-00-48 Sq. Mtrs. at Mouje;
Naliya Timbo, Taluka Rapar, District Kutchh (for short, “the land in
question”) is mutated in the name of the respondent – State.
5. Mr. Barot, learned advocate appearing for the petitioner submits
that the said objection raised by the respondent authority is otherwise
such that the same is contrary to the factual position. It is submitted
that at the time of promulgation, by way of Entry No. 129, the names
of original owners were reflecting as an “unauthorised occupant” of
the land in question. It submitted that when the new measurement
was carried out, the authority probably ignored the new revenue
record of the land in question, the said error that had occurred was
rectified by mutating Entry No. 212 on 01.02.1980.
5.1. It is further submitted that the authority exercised the powers
as contemplated under section 135-L (2) which empowers the
authority to rectify the error occurred in the record of rights. Further
the aforesaid entry the name of original owner was reflecting in the
7/12 extracts of the land in question duly produced at Annexure-B to
the petition. The said entry was never taken into suo motu review or
revision by any of the authorities. It is submitted from the record
made available, the land in question that was transferred by way of a
registered Sale Deed No. 982, dated 25.05.1981 in favor of Makvana
Bhima Arjan and effect was given in the revenue records vide Entry
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No. 244 dated 07.04.1982 and same is duly certified by the competent
revenue authority.
5.2. It is submitted that from the record made available to the
petitioner that, thereafter, Makvana Bhima Arjan had taken loan upon
the land in question from State Bank of India and effect thereof came
to be given in the revenue records vide Entry No. 539 which was duly
certified. Thereafter, further loan was taken by the said person from
State Bank of India which is recorded by way of mutation Entry No.
751. It is submitted that thereafter, the loan came to be repaid and
the effect of the said was given in the revenue record by way of Entry
No. 1078 which was duly certified by the competent revenue
authority.
5.3. It is also submitted that thereafter Makvana Bhima Arjan
transferred the land in question by way of registered Sale Deed No.
1649, dated 05.09.2020 in favor of Savabhai Arjanbhai Makvana and
effect thereof was given in the revenue records vide Entry No. 1093
dated 08.09.2020 which was duly certified. It submitted that
thereafter, the owner and occupier of the land in question leased the
land in question by way of registered lease deed bearing Lease Deed
No. 3447, dated 25.10.2024 as well as No. 3047 dated 05.07.2025 to
the present petitioner for the purpose of settin up windmill as per the
present prevailing policy of the State Government dated 16.10.2023
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issued by the Revenue Department.
5.4. It is further submitted that thereafter rectification was made in
the aforesaid lease deed by way of registered Rectification Deed Being
No. 3047 dated 05.07.2025. It is submitted that in light of the
aforesaid factual position which is not in dispute, the impugned order
dated 21.01.2026 passed by the respondent no. 2 declaring the grant
of temporary NA use permission is required to be interfered with. It is
further submitted that in absence of any objections as such, the
petitioner’s application ought to have been granted.
6. Mr. Parikh, learned AGP submits that no interference is called
for in the impugned order passed by the respondent authority, the
same having been passed taking into consideration the application
filed by the petitioner.
7. Having heard the learned advocates appearing for the respective
parties, it emerges from the record that the petitioner herein entered
into a registered lease deed bearing No. 3447 dated 25.10.2024 as well
as 3047 dated 05.07.2025 with Savabhai Arjanbhai Makwama having
purchased the land in question by way of a registered Sale Deed No.
1649 dated 05.09.2020 and the effect thereof was given in the revenue
records vide Entry No. 1093 dated 08.09.2020 and which was duly
certified.
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7.1. It further emerges from the record that the rectification is also
entered into being Rectification No. 3047 dated 05.07.2025. The
petitioner herein approached the respondent no. 2 for grant of
temporary NA permission for bonafide industrial use of green energy
project in light of the Government Resolution dated 16.10.2023. It
appears that the respondent no. 2 while rejecting the petitioners
application erred in not taking into consideration the Government
Resolution dated 16.10.2023 which provides that while considering
such temporary NA permission which is issued by the Revenue
Department of the State Government, the relevant clause (8) reads
thus:
“Further, in Village Form No. 7 and Village Form No. 6, all
mutations relating to transfer/sale/change of use—other than
entries pertaining to inheritance or creation/removal of
encumbrances—shall remain suspended for the duration of the
temporary non-agricultural permission.
In the revenue records, the original lessor farmer shall continue to
remain the lawful holder of the land.”
7.2. It further emerges from the record that the impugned finding
itself appears to be contrary to the record wherein the error that had
occurred in the mutation entry at the time of promulgation, came to
be rectified by Mutation Entry No. 212 dated 01.02.1980 in exercise of
powers under Section 135(L)(2) wherein the respondent authority is
empowered to rectify the error occurred in the record of rights. It
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further emerges from the record available to the petitioner that
thereafter, Bhana Avchar and Laxmiben Vela Avchar transferred the
land in question by way of a registered sale deed bearing No. 982
dated 25.05.1981 in favour of Makwana Bhima Arjan for which the
entry came to be mutated in the revenue record as Revenue Entry No.
244 dated 07.04.1982. That Makwana Bhima Arjan had taken loan
qua the land in question from State Bank of India twice, however, the
same was also repaid. The effect of which is given in the revenue
record vide Entry No. 1078 which is duly certified by the competent
authority.
7.3. Thereafter, Makwana Bhima Arjan had transferred the land in
question by way of a registered sale deed bearing No. 1649 dated
05.09.2020 in favour of Savabhai Arjanbhai Makwana and the effect
came to be given in the revenue records vide Entry No. 1093 dated
08.09.2020 which is duly certified by the competent authority. It is
thereafter that the petitioner herein entered into the registered lease
deed as referred to herein-above.
8. In view of the aforesaid, this if a fit case to exercise powers
under Article 226 of the Constitution of India in the captioned in view
thereof, the impugned order passed for the reason as referred to
herein-above, the impugned order dated 21.01.2026 passed by the
respondent no. 2 – Deputy Collector, rejecting the petitioner’s
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application seeking temporary NA permission is quashed and set aside
and the petitioner is permitted to reapply for grant of temporary NA
permission upon the receipt of this order.
8.1. It is also kept open for the petitioner to rely on the Government
Resolution dated 08.04.2024 and the guidelines dated 18.11.2025
issued by the Revenue Department which is directed to be decided by
the respondent authority in accordance with the provisions of the
Gujarat Land Revenue Code, 1879, and in accordance with law.
9. The present petition is accordingly allowed in part. Rule is made
absolute to the aforesaid extent.
(VAIBHAVI D. NANAVATI,J)
KUMKUM
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