C/SCA/16205/2025 ORDER DATED: 12/03/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 16205 of 2025 ========================================================== ARJANBHAI NANJIBHAI VIRANI (PATEL) Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MS KRUTI SHAH with MR VIRAL K SALOT(3500) for the Petitioner(s) No. 1 MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2,3 ========================================================== CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI Date : 12/03/2026 ORAL ORDER 1. Heard Ms. Kruti Shah, the learned advocate appearing for Mr. Viral K. Salot, the learned advocate appearing for the petitioner. 2. Leave to join the Settlement Commissioner and Director of Land Records is granted. Mr. Jayneel Parikh, the learned AGP waives service of notice for and on behalf of the newly joined respondent i.e. Settlement Commissioner and Director of Land Records. 3. By way of present petition, the petitioner herein has prayed p. 2 C/SCA/16205/2025 ORDER DATED: 12/03/2026 for the following reliefs :- “(A) The Honourable Court may be pleased to issue a writ of mandamus or any other appropriate writ, order, or direction directing the respondents to verify and remeasure the petitioner's land bearing Survey No. 415/3 of village Mavdi, Taluka Rajkot, District Rajkot, with reference to the 1962 Tippan, field map, and historical records and be further pleased to direct the respondents to rectify the Hissa Form No. 4 and the corresponding entries in the revenue record to restore the correct measurement of 19,424 square metres in the interest of justice. (B) Pending hearing and final disposal of the present petition, this Hon'ble Court may be pleased to direct the respondents to maintain status quo with respect to the measurement and possession of the land bearing Survey No. 415/3 of village Mavdi, Rajkot, and not to act upon the erroneous 2009 measurement till the final disposal of this petition. (C) The Honourable Court be pleased to grant such other and further relief/s as may be deemed fit and proper in the facts of the case in the interest of justice.” 3. Briefly stated, the petitioner’s father purchased the land bearing Survey No.415-paiki by way of Registered Sale Deed p. 3 C/SCA/16205/2025 ORDER DATED: 12/03/2026 dated 15.12.1975 from Raghav Dahya Kanabi wherein mutation entry came to be entered in the revenue record as Mutation Entry No.162 on 15.7.1985 recording the petitioner’s ownership in the revenue record, copy of the same is produced at Annexure-B (Collectively). 4. Ms. Kruti Shah, the learned advocate submits that the land bearing Survey No.415-paiki admeasures 10 Acres and 32 Gunthas at the time of verification undertaken in connection with the Town Planning Scheme No.34, pursuant to which a new Hissa Form No.4 was prepared. The area of Survey No.415/3 is erroneously shown as 09 Acres 27 Gunthas instead of correct area as 10 Acres 32 Gunthas on the ground that there is a mistake in measurement and that the petitioner has allegedly encroached upon Government land. 4.1 Ms. Shah, the learned advocate submits that the petitioner herein preferred representations to various authorities, however the same were not decided which gave rise to filing of the present petition. Page 3 of 5 C/SCA/16205/2025 ORDER DATED: 12/03/2026 5. Pending the present petition, DILR has undertaken a fresh measurement which is placed on record by Mr. Parikh, the learned AGP appearing for the respondent – State which also states that, there is reduction of 0.45.53 sq.mtrs., (1.5 gunthas) in Survey No.415-paiki. The said report is forwarded to the Settlement Commissioner. 6. The final decision is pending before the Settlement Commissioner. In the interest of justice, before deciding the issue in question the petitioner be also granted an opportunity of hearing by the Settlement Commissioner, to which Mr. Parikh, the learned AGP has no objection. 7. In light of the aforesaid, with the consent of the learned advocates appearing for the respective parties, the petitioner herein be issued notice by the Settlement Commissioner and grant opportunity of hearing to the petitioner by following cardinal principles of natural justice and take decision in accordance with law, preferably within a period of three months from the receipt of this order. While issuing notice, it may be kept open for the petitioner to produce relevant documents to facilitate the p. 5 C/SCA/16205/2025 ORDER DATED: 12/03/2026 respondent authorities to take decision. 8. With the aforesaid, the present petition stands disposed of. Direct service is permitted. (VAIBHAVI D. NANAVATI,J) K.K. SAIYED