Facts
The appellants (Respondents No. 3 and 4 in the original writ petition) challenged a common judgment dated 05.03.2026 passed in Special Civil Application No. 1126 of 2025
Source reference: p. 2-3The appellants contended that the original petitioners were trespassers and, therefore, no conversion of land use proceedings under Section 65 of the Gujarat Land Revenue Code, 1879, should have been initiated at their instance
Source reference: p. 3Multiple civil suits are pending between the parties: RCS No. 44 of 2010 (filed by original petitioners' predecessors), Special Civil Suit No. 223 of 2024 (filed by Appellant No. 4 seeking cancellation of the sale deed dated 19.02.2024), and RCS No. 313 of 2024 (filed by Appellant No. 3, which was dismissed under Order VII Rule 11(c) of the CPC)
Source reference: p. 3-4No injunction has been granted in favor of any party in the pending suits
Source reference: p. 4Issues
1. Whether the High Court should interfere with land use conversion proceedings under Section 65 of the Gujarat Land Revenue Code while title disputes regarding the same land are pending adjudication in Civil Court
Source reference: p. 42. Whether the appellants' allegation that the original petitioners are trespassers can be summarily accepted in writ jurisdiction despite pending litigations for declaration and cancellation of sale deeds
Source reference: p. 4Law Applied
The Court's decision is centered on the principle of judicial restraint in writ jurisdiction when "complex issues of facts" are under adjudication in a competent Civil Court
Source reference: p. 4Section 65 of the Gujarat Land Revenue Code, 1879, regarding conversion of land use
Source reference: p. 3Order VII Rule 11(c) of the Code of Civil Procedure, 1908, regarding the rejection of a plaint
Source reference: p. 3The guiding principle is that summary findings on status (e.g., as a "trespasser") cannot be made by a writ court when the very documents forming the basis of the claim (the sale deed) are being challenged for cancellation in a pending civil suit
Source reference: p. 4Reasoning
The Court reasoned that because the appellants themselves have filed Special Civil Suit No. 223 of 2024 seeking a declaration, permanent injunction, and cancellation of the sale deed dated 19.02.2024—which is the primary basis for the respondents' Section 65 application—the status of the parties is currently sub-judice
Source reference: p. 4The Bench observed that since no injunction exists in any of the pending suits and the disputes involve intricate factual determinations based on evidence to be led in trial, it is inappropriate for the writ court to categorize the respondents as trespassers or halt administrative land-use proceedings at this stage.
Source reference: p. 4The court emphasized that the validity of the land-use conversion is tied to the title results which are yet to be determined by the Civil Court
Source reference: p. 4Holding
The High Court dismissed both Letters Patent Appeals, holding that the case was not fit for intervention given the pending civil proceedings where complex facts must be adjudicated
The Court declined to accept the appellants' characterization of the respondents as trespassers while the civil suits remain pending
Source reference: p. 4No order as to costs was made, and all connected Civil Applications for stay were disposed of as they did not survive the dismissal of the main appeals
Source reference: p. 4-5Original Court PDF
KESHAVLAL SENDHARAM PRAJAPATIvsRASIKBHAI MARGHABHAI PATEL
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