IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14534 of 2024
========================================================== VALIBEN NAJABHAI KHAMBHALA W/O VARJANGBHAI ARJANBHAI HUN Versus
STATE OF GUJARAT & ORS.
========================================================== Appearance:
MR. ZALAK B PIPALIA(6161) for the Petitioner(s) No. 1 MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2,3,4 ==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 23/10/2024
ORAL ORDER
1. Heard learned Advocate Mr. Zalak Pipalia for the petitioner and learned AGP Mr. Jayneel Parikh for the respondent-State.
2. By way of this petition, the petitioner has challenged order passed by the learned SSRD dated 09.07.2024 confirming order passed by the District Collector, Junagadh dated 21.12.2021, which was in the nature of confirming an order passed by the Deputy Collector, Mendarda dated 27.11.2020, which was further confirming a decision of the Circle Officer, Mendarda, dated 11.06.2019, refusing to certify entry No. 1964 in the revenue record with regard to a purchase of the property by the present petitioner on the ground that the petitioner does not hold the status of an agriculturist.
3. Considering the submissions made by learned Advocate Mr. Pipalia and having perused the documents on record, it would appear that vide a certificate dated 16.06.2023, the Deputy Collector, Junagadh, has confirmed the agriculturist status of the present petitioner.
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4. Under such circumstances, it would appear to this Court that the aspect of whether the entry requires confirmation or not based upon the agriculturist status requires re-consideration. Hence, the order by the learned SSRD dated 09.07.2024, the order passed by the District Collector, Junagadh, dated 21.12.2021, the order passed by the Deputy Collector, Mendarda dated 27.11.2020, and the decision of the Circle Officer, Mendarda, dated 11.06.2019, are hereby quashed and set aside. The Mamlatdar, Mendarda is directed to reconsider the aspect of certifying entry No. 1964 in the revenue record with regard to purchase of the property being Survey/Block No.10/P2/P2 situated at Village Malanka, Taluka Mendarda, District Junagadh, after following the due process as laid down under Section 135D of the Gujarat Land Revenue Code. The Mamlatdar shall take expeditious decision, more particularly taking into consideration the certificate of agriculturist issued in favour of the petitioner dated 16.06.2023.
5. With the above observations and directions, the present petition stands disposed of as allowed. Direct service is permitted.
(NIKHIL S. KARIEL,J)
BDSONGARA
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