Case Note & Summary
The judgment arose from a writ petition filed by refugees who were allotted land in Kachchh, which they found infertile, leading to their shift to Tharad where they were allotted alternative land in 1988 for rehabilitation. They cultivated this land for over 45 years. However, authorities issued a notice under Section 79A of the Gujarat Land Revenue Code, 1879, requiring them to vacate the Tharad land, alleging breach of conditions by not handing over possession of the Kachchh land and its alleged sale. The Assistant Collector passed an order on 30.05.2012 directing vesting of the land in the State Government, which was confirmed by the District Collector on 04.12.2014 and the SSRD on 08.07.2016. The petitioners challenged these orders under Article 226 of the Constitution of India, seeking quashing and issuance of writs. The core legal issue was whether the vesting orders were sustainable, especially given a prior coordinate bench decision in a similar case. The petitioners argued that the controversy was squarely covered by that decision, as they had not breached any conditions and the Kachchh land was infertile and not utilized. The State respondents, through the learned AGP, placed a government circular dated 19.06.2025 accepting the prior decision and agreed to dispose of the matter accordingly. The court, after hearing both sides, found the facts identical to the prior case and noted the consensus. It adopted the observations from the coordinate bench's decision, which had considered similar facts and evidence, including affidavits from petitioners stating they had not availed benefits from the Kachchh land and were only interested in the Tharad land. The court reasoned that in light of the government circular and the precedent, the vesting orders were not justified. Consequently, the writ petition was allowed, and the impugned orders were quashed and set aside, providing relief to the petitioners based on the principles of precedent and administrative consistency.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - The petitioners filed a writ application under Article 226 seeking mandamus, certiorari, and quashing of orders vesting land in the State Government, arguing the controversy was covered by a prior coordinate bench decision. The court, noting consensus from both sides and a government circular accepting the prior decision, disposed of the petition in line with that precedent, thereby exercising its writ jurisdiction to grant relief. (Paras 1, 4-7) B) Land Revenue Law - Rehabilitation Allotment - Section 79A of the Gujarat Land Revenue Code, 1879 - The dispute involved land allotted to refugees in 1988 at Tharad after they found earlier allotted land in Kachchh infertile. Authorities initiated proceedings under Section 79A, alleging breach of conditions by not handing over possession of the Kachchh land and its alleged sale, leading to vesting orders. The court, following a prior decision, implicitly found the proceedings unjustified as the petitioners had not availed benefits from the Kachchh land and had cultivated the Tharad land for decades. (Paras 2.1-3.2, 7) C) Administrative Law - Government Circulars - Binding Effect - The State Government issued a circular dated 19.06.2025 accepting the prior coordinate bench decision in Special Civil Application No.2908 of 2014. The court considered this circular and the consensus of both parties, leading to disposal of the present application in line with the observations of that prior decision, thereby giving effect to the government's policy acceptance. (Paras 5, 7) D) Civil Procedure - Precedent - Coordinate Bench Decision - The court relied on the decision of a coordinate bench in Special Civil Application No.2908 of 2014 and allied matters dated 10.10.2022, noting identical facts and issues. Both parties agreed to dispose of the matter in line with that decision, and the court adopted its observations, emphasizing the role of precedent in ensuring consistency. (Paras 4, 7)
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Issue of Consideration: Whether the orders passed by the Assistant Collector, District Collector, and SSRD directing vesting of the land in the State Government under Section 79A of the Gujarat Land Revenue Code, 1879, were legally sustainable, particularly in light of a prior coordinate bench decision and a subsequent government circular accepting that decision
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Final Decision
The writ petition was allowed. The court disposed of the application in line with the observations made in the prior coordinate bench decision in Special Civil Application No.2908 of 2014 and allied matters dated 10.10.2022, thereby quashing and setting aside the impugned orders.
