Gujarat High Court
Property and Real Estate LawAdministrative and Public Law

Following settlement, the Court quashed the impugned revenue orders and disposed of the petition as withdrawn.

KIRANBEN KANAKBHAI AATKOTIYA vs UJIBEN RAMJIBHAI

Gujarat High CourtJUDGMENT: September 21, 20262 MIN READSOURCE JUDGMENT
Following settlement, the Court quashed the impugned revenue orders and disposed of the petition as withdrawn.. KIRANBEN KANAKBHAI AATKOTIYA vs UJIBEN RAMJIBHAI. Gujarat High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners invoked Articles 226 and 227 of the Constitution challenging: (i) the Deputy Collector’s order dated 3 June 2004 in RTS Appeal No. 29/2003-04; (ii) the Collector, Rajkot’s order dated 23 April 2007 in RTS Revision No. 30/2003-04; and (iii) the Chief Secretary, Revenue Department (Appeals)’s order dated 17 November 2007 in RTS Revision No. MVV/HKP/RJT/6/07.

Source reference: p.1; para. 1

They also sought restoration of revenue entries Nos. 5835 to 5849.

Source reference: p.1; para. 1

During the proceedings, the parties relied on a joint affidavit recording settlement.

Source reference: p.2; para. 3

Regular Civil Suit No. 52 of 2024 had been withdrawn on 11 September 2025 pursuant to that settlement, and a declaration dated 21 May 2025, registered at Serial No. 6531, confirmed the sale transactions in favour of the petitioners and subsequent purchasers.

Source reference: p.2; para. 3

The petitioners consequently sought permission to withdraw the petition and requested quashing of the impugned orders.

Source reference: p.3; para. 4

The private respondents consented to the proposed disposal and quashing, while the State opposed interference with the SSRD order.

Source reference: p.3; paras. 4–5
02

Issues

1. Whether, in view of the settlement between the parties, the petition could be disposed of as withdrawn.

Source reference: p.2; para. 3

2. Whether the three impugned revenue orders dated 3 June 2004, 23 April 2007 and 17 November 2007 ought to be quashed and set aside in light of the settlement, joint affidavit and registered declaration.

Source reference: p.4; para. 6
03

Law Applied

The Court exercised its jurisdiction under Articles 226 and 227 of the Constitution of India to consider the challenge to the revenue authorities’ orders.

Source reference: p.1; para. 1

The Court applied the procedural principle that a writ petition may be disposed of as withdrawn when the petitioner seeks withdrawal, particularly where the affected private parties acknowledge and consent to the settlement.

Source reference: p.2–3; paras. 3–5

It further acted on the settlement recorded through the joint affidavit and the registered declaration confirming the relevant sale transactions.

Source reference: p.4; para. 6

No specific statutory provision or judicial precedent was relied upon in the judgment to determine the underlying title or revenue-entry dispute.

Source reference: no citation
04

Reasoning

The Court noted that the underlying civil dispute had been settled, that the related civil suit had consequently been withdrawn, and that the sale transactions had been confirmed through a registered declaration.

Source reference: p.2; para. 3

The joint affidavit was acknowledged by the relevant private respondents, who expressly stated that they had no objection to disposal of the petition as withdrawn and to quashing of the impugned orders.

Source reference: p.3; para. 5

Although the State maintained that the SSRD order was proper, the Court accepted the parties’ settlement and the private respondents’ consent as sufficient grounds to dispose of the writ proceedings and annul the challenged revenue orders.

Source reference: p.3–4; paras. 4–6
05

Holding

The petition was disposed of as withdrawn.

Nevertheless, the Court expressly quashed and set aside the Deputy Collector’s order dated 3 June 2004, the Collector, Rajkot’s order dated 23 April 2007, and the Chief Secretary, Revenue Department (Appeals)’s order dated 17 November 2007.

Source reference: p.4; para. 6

The judgment does not separately record an operative direction restoring revenue entries Nos. 5835 to 5849.

Source reference: no citation
Gujarat High Court

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KIRANBEN KANAKBHAI AATKOTIYAvsUJIBEN RAMJIBHAI

Gujarat High Court · September 21, 2026

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