Synopsis

The petitioner applied for non-agricultural (NA) use permission under section 65 of the gujarat land revenue code, 1879. The district collector rejected the application on the ground that a third party had raised objections and a civil miscellaneous appeal was pending before the district court. The petitioner had a registered sale deed and his name was mutated in revenue records. All earlier revenue proceedings and a civil suit filed by the objector had been dismissed. The gujarat high court quashed the collector’s order, holding that under section 65, the collector is only required to see whether the applicant is an “occupant” of the land based on revenue records. The collector cannot inquire into questions of title or ownership, nor can he refuse permission merely because a civil appeal is pending. The matter was remanded for fresh decision.

Court: High Court of Gujarat at Ahmedabad

Coram: Hon’ble Ms. Justice Vaibhavi D. Nanavati (Single Judge)

Date of Judgment: 5th May 2026

Citation: R/Special Civil Application No. 13160 of 2024 (unreported)

Core Law: Gujarat Land Revenue Code, 1879 – Section 65 (Non‑Agricultural Use Permission); Scope of inquiry by Collector; Title vs. Occupancy.

1. Heading of the judgment

High court of gujarat at ahmedabad

Special civil application no. 13160 of 2024

Vijaybhai chhaganbhai sorathiya (petitioner) vs. State of gujarat and anr. (respondents)

Coram: hon’ble ms. justice vaibhavi d. nanavati

Date: 5th may, 2026

2. Legal framework

Major laws and provisions involved:

• Gujarat land revenue code, 1879 – section 65 (uses to which occupant of agricultural land may put land; procedure for na permission); section 3(12) (definition of “holding”); section 3(16) (definition of “occupant”)

... Upgrade to a Premium Plan to view the full judgment.