SANDIP GANPATBHAI PATEL vs STATE OF GUJARAT
- Court
- Gujarat High Court
C/SCA/5905/2026 JUDGMENT DATED: 26/10/2026
(GJHC240295242026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5905 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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SANDIP GANPATBHAI PATEL & ANR.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR DESHAL MODI for MR AMIT V THAKKAR(3073) for the
Petitioner(s) No. 1,2
MR NIKUNJ KANARA, AGP for the Respondent(s) No. 1,2,3
NOTICE SERVED for the Respondent(s) No. 4
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CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 26/10/2026
ORAL JUDGMENT
1. By filing present petition under Articles 226 and 227 of
the Constitution of India, the petitioners have challenged the
order dated 20.02.2026 passed by the respondent – SSRD in
Revision Application No.MVV/HKP/BHCH/32/2024 as well as the
order dated 24.09.2024 passed by the respondent – Collector
in the proceedings initiated for taking mutation entry No.4291,
dated 31.03.2023 based on the registered sale deed dated
31.03.2023 on the ground that there is a breach of provision of
the Gujarat Prevention of Fragmentation and Consolidation of
Holdings Act, 1947 (hereinafter referred to as “Fragmentation
Act” for short).
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C/SCA/5905/2026 JUDGMENT DATED: 26/10/2026
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2. Heard learned advocates appearing for the respective
parties.
3. When the matter is taken up for hearing, learned AGP has
tendered copy of Notification dated 14.07.2026 issued by the
Revenue Department, which is taken on record, whereby by
Gujarat Ordinance No. 2 of 2026, an amendment has been
made by amending statutory provisions of law in the provision
of the Fragmentation Act. He, therefore, submitted that in view
of the said amendment in Section 9 of the Fragmentation Act,
a transfer and/or partition of a land contrary to the provision of
th
the Fragmentation Act made on or after 29 January, 1948 but
st
on or before 21 March, 2026 shall be deemed to have been
regularized without charging any penalties or premium therefor
and all pending proceedings before any officer or authority in
respect of the aforesaid transfer or partition shall stand
abated.
3.1 Though served, none has appeared for the respondent
No.4, who is vendor.
4. Learned advocate Mr. Deshal Modi appearing for learned
advocate Mr. Amit Tahkkar for the petitioners referred to the
documents produced on record including the sale deed
executed in favour of the petitioners and submitted that the
sale deed is executed on 31.03.2023, therefore, the time
duration mentioned in the aforesaid amendment would
squarely applicable to the facts of the present case. He,
therefore, submitted that in view of the facts of the case, the
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very ground for which the proceedings are initiated, will not
survive. He, therefore, submitted that considering the object
behind publication of such Notification, the present petition
may be allowed.
5. Having heard learned advocates appearing for the parties
and having gone through the material and available on record
including the amendment, which has been placed on record by
learned AGP during the course of hearing, it emerges that by
the aforesaid Notification, amendment has been made in the
provision of the Fragmentation Act, whereby it is decided to
abate the proceedings initiated against the transaction which
has taken place in contravention of the provision of the
th
Fragmentation Act i.e. on or after 29 January, 1948 but on or
st
before 21 March, 2026.
6. At this stage, it is apposite to reproduce the Notification
dated 14.07.2026 whereby, sub-section (3) of Section 5 and
sub-section (3) of Section 9 have been inserted, which read as
under:
“Amendment of Section 5 of Bom. LXII of 1947.-
In the principal Act, in section 5, after sub-section (3), the
following sub-section shall be added, namely: -
“(4) Notwithstanding anything contained in section 4 or foregoing
sub-sections, the State Government may from time to time, by
notification in the Official Gazette, declare a standard area for
any class of land in any local area.”.
Amendment of section 9 of Bom. LXII of 1947.-
In the principal Act, in section 9, after sub-section (3), the
following sub-section shall be added, namely: -
“(4) Notwithstanding anything contained in this Act, a transfer or
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partition of a land contrary to the provisions of this Act made on
or after the 29th January, 1948 but on or before 31st March,
2026 shall be deemed to have been regularised without
charging any penalties or premium therefor and all pending
proceedings before any officer or authority in respect of the
aforesaid transfer or partition shall abate.”.
7. Thus in view of the above, more particularly, from sub-
section (3) of Section 9, it emerges that a transfer or partition
of a land contrary to the provision of the Fragmentation Act
th st
made on or after 29 January, 1948 but on or before 31
March, 2026 shall be deemed to have been regularized without
charging any penalties or premium therefor and all pending
proceedings before any officer or authority in respect of the
aforesaid transfer or partition shall abate. In the present case,
the mutation entry is taken into revision alleging the breach of
the Fragmentation Act, which is prior to 31.03.2026 and
therefore, covered under the said Notification.
8. In the circumstances, the present petition stands
allowed . In view of the amended provision under Section 9(4)
of the Fragmentation Act dated 14.07.2026 in the
Fragmentation Act, the proceedings shall stand abated and the
impugned orders dated 20.02.2026 and 24.09.2024 are
quashed and set aside.
(VAIBHAVI D. NANAVATI,J)
NEHA /102
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