Ronak 13 July 2026
T. Kalaiselvan, Advocate (Advocate) 13 July 2026
The fundamental issue is that under the Gujarat Tenancy and Agricultural Lands Act, 1948, a person loses their active agriculturist status once their name is completely removed from all active 7/12 land revenue extracts and they do not own agricultural land for a prolonged period.
As your father executed a Haq Tyag (Relinquishment of Rights) in 2008 and no agricultural land has been held in his name since then, local revenue authorities (Mamlatdar / Talati) often reject Khedut Kharai applications if there is a prolonged gap (typically exceeding 3–5 years) during which no agricultural land was owned. Revenue officers may argue that by surrendering all rights without acquiring new land within a reasonable timeframe, his active status was extinguished.
However, because the land was ancestral property, his original status was held by birth/lineage, not mere purchase. This gives you room for appeal.
Under Section 63 of the Gujarat Tenancy and Agricultural Lands Act, a non-agriculturist (or a former farmer whose status is currently dormant/unverified) can apply to the District Collector seeking special permission to purchase agricultural land. You will need to present your ancestral background, old 7/12 records, and a formal representation stating that your family was originally an agricultural family.
Revenue procedures in Gujarat depend heavily on local tenancy precedents. A local advocate specializing in the Gujarat Tenancy Act can review the 2008 relinquishment deed to verify if his status can be revived directly through the Mamlatdar or via an appeal to the Deputy Collector.
Dr. J C Vashista (Advocate ) 14 July 2026
Very well analysed, opined and advised by learned expert Mr/ T Kalaiselvan, nothing more to add.
P. Venu (Advocate) 14 July 2026
Yes, you may seek permission as suggested and if no positive response, seek judicial review.
Ronak 14 July 2026
Sir, thank you so much for the wonderful answer. I appreciate it. You mentioned that revenue procedures in Gujarat depend heavily on local tenancy precedents, so I want to know if there is any law that protects against these types of scenarios. Is this a common issue? I want to have a handy document ready before I approach the Mamlatdar or the Collector.
P. Venu (Advocate) 15 July 2026
Land and Land Revenue is a State subject. Each State has enacted/notified its own names. Such restrictions are not in force in many a State, certainly Kerala.