C/SCA/22444/2017 ORDER DATED: 27/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 22444 of 2017 ========================================================== PANDYA DEVENDRAKUMAR BALVANTRAI Versus SPECIAL SECRETARY REVENUE DEPARTMENT(DISPUTES) & ORS. ========================================================== Appearance: MR VIMAL A PUROHIT(5049) for the Petitioner(s) No. 1 MR JAY BAROT AGP for the Respondent(s) No. 1 DARSHAN M VARANDANI(7357) for the Respondent(s) No. 5,6 KANAN R JADEJA(8999) for the Respondent(s) No. 7.1,7.2,7.3,7.4,7.5,7.6,7.7,7.8 MR AMIT SHUKLA FOR MR NIMIT Y SHUKLA(8338) for the Respondent(s) No. 5,6 NOTICE NOT RECD BACK for the Respondent(s) No. 7 NOTICE SERVED for the Respondent(s) No. 1,2,3,4 ========================================================== CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 27/06/2025 ORAL ORDER 1. Heard learned counsels for the parties. 2. It is submitted by the learned counsel for the respondent Nos.5 and 6 that pending the present writ petition, the said respondents and the petitioner have entered into a compromise and the previous sale deed in favor of the respondent Nos.5 and 6 was agreed to be cancelled and further, the petitioner has sold the subject land in favour of the respondent Nos.5 and 6 herein. He submits that accordingly, the respondent Nos.5 and 6 have executed a sale deed and reversed the revenue entries in favour of the petitioner vide cancellation of sale deed No.145 of 2024 dated 09.01.2024. Further, the petitioner and his legal representatives have executed the sale deed in favour of the respondent Nos.5 and 6 by registered sale deed No. KLL/40/3/72 of 2024 dated 09.01.2024. Learned counsels for the parties have submitted that in view of the settlement arrived C/SCA/22444/2017 ORDER DATED: 27/06/2025 at and executed between the petitioner and the respondent Nos.5 and 6, the impugned order which remands the RTS proceedings back to the Collector for fresh consideration would no longer be required to be agitated. By the order dated 24.11.2016, the Collector had cancelled the mutation entries No.4021 dated 11.10.1984 and No.6191 dated 08.04.2009. 3. Learned counsels for the petitioner and the respondent Nos.5 and 6 submit that in view of the settlement, the original tenants as well as the petitioner whose mutation entries have been cancelled by the Collector, have already sold off their rights to the respondent Nos.5 and 6. Therefore, the impugned order dated 16.08.2017 of the Special Secretary (Appeals) be quashed and set aside. 4. In view of the additional affidavit dated 05.04.2024 filed by the respondent Nos.5 and 6 and the facts stated therein, the impugned order dated 16.08.2017 of the Special Secretary (Appeals) is quashed and set aside. The present Special Civil Application is allowed to the aforesaid extent. However, it is clarified that the mutation of revenue entries in respect of the sale deeds executed between the petitioner and the respondent Nos.5 and 6 shall be effected on its own merits and in accordance with law in the revenue records. Disposed of accordingly. No order as to costs. (ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: KAUSHIKKUMAR DINESHCHANDRA CHAUHAN(HC00197), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 27/06/2025 17:53:25