The court emphasized the necessity of affording petitioners a reasonable opportunity to present their case and access relevant documents in proceedings under the Gujarat Land Revenue Code.

ORDER  :

(NIKHIL S. KARIEL, J.)

1. Heard learned Senior Advocate Mr. N. D. Nanavaty with learned Advocate Mr. Vimal Purohit and learned Advocate Mr. Yash N. Nanavaty for the petitioners and learned Government Pleader Mr. Gurusharan Virk with learned AGP Ms. Dharitri Pancholi and learned AGP Mr. J.K. Shah for the respondent-State.

2. While the petition is preferred challenging show-cause notice dated 06.03.2025 issued to the present petitioners by the Mamlatdar, Kodinar, under Section 61 of the Gujarat Land Revenue Code, 1879, to this Court it would appear that considering the nature of prima facie allegations levelled in the show-cause notice, the petitioners should appear before the Mamlatdar and agitate all the contentions as available to them.

3. Learned Senior Advocate Mr. Nanavaty, at this stage, would submit that the petitioners have already appeared before the Mamlatdar and whereas it is submitted that the petitioners may not be afforded an appropriate opportunity. It is submitted that all the relevant papers with regard to the show-cause notice which have been considered by the appropriate authority, have been given to the petitioners as late as at 12 noon today, whereas the hearing is scheduled for tomorrow i.e. the 20th March, 2025.

3.1 It is further submitted by learned Senior Advocate Mr. Nanavaty that while most of the documents have been provided to the petitioners, the documents which are relatable to the office of the DILR have not been supplied by the Mamlatdar, Kodinar who has issued the impugned show-cause notice.

4. At this stage, learned Government Pleader Mr. Gurusharan Virk would submit that the State undertakes that while hearing of the impugned notice being Encroachment Case No. 02 of 2025 is slated for tomorrow i.e. on 20.03.2025, the Mamlatdar would give a convenient date to the petitioners. Insofar as the documents prepared by the DILR, learned Government Pleader Mr. Virk would submit that if appropriate application is made by the petitioners before the office of the DILR, all the documents as required by the petitioners would be provided in accordance with law.

5. Having regard to the submissions made by learned Senior Advocate while it appears to this Court that the petitioners would not have any difficulty in approaching the Mamlatdar, the only grievance voiced by them is that they may not be given appropriate opportunity by the Mamlatdar. To this Court it would appear that the since the State also is inclined to appropriately afford opportunity to the petitioners, the following directions would meet with the ends of justice.

(i) The Mamlatdar, Kodinar shall adjourn the Encroachment Case No. 2 of 2025, which is slated for hearing on 20.03.2025, to 17.04.2025.

(ii) The petitioners are at liberty to seek for such documents for the purpose of the show-cause notice to the DILR, who shall upon the petitioners following the due procedure (payment of fees etc.) provide the documents as requested.

(iii) It is further directed that any reasonable request for time by the petitioners shall be acceded to and whereas in case, any request is rejected, the same shall be done by the Mamlatdar, only by passing a reasoned order.

(iv) It is further directed that the Mamlatdar, Kodinar shall take an appropriate decision strictly in accordance with law and as directed hereinabove after affording appropriate and reasonable opportunity to the petitioners.

6. With the above observations and directions, the present petition stands disposed of at this stage. It is clarified that this Court has not gone into the merits of the matter.

Direct service today is permitted.