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HIGH COURT OF GUJARAT
NSK
RAGHABHAI JETHABHAI CHAUDHARY LH OF DECD JETHABHAI TEJABHAI CHAUDHARY – Appellant
Versus
THE STATE OF GUJARAT – Respondent
ORDER :
(NIKHIL S. KARIEL, J.)
1. Heard learned Advocate Mr. Dipen Chaudhary on behalf of the petitioners and learned Assistant Government Pleader Mr. Nikunj Kanara for the respondent – State.
2. By way of this petition, the petitioners challenge notice dated 11.03.2025 under Section 202 of the Gujarat Land Revenue Code, which is issued consequent to order passed by the Mamlatdar, Satlasana in the proceedings, under Section 61 of the Gujarat Land Revenue Code, dated 17.01.2025.
3. It is the case of the petitioners that the petitioners are owners and occupiers of the land bearing Survey No.120 paiki 269 situated at village: Satlasana, Taluka : Satlasana, District: Mehsana, and whereas the proceedings referred to hereinabove, arise from a notice issued to Mamlatdar, Satlasana, on 14.10.2024 under Section 61 of the Gujarat Land Revenue Code.
4. Learned Advocate Mr. Chaudhary would submit that while the notice had been issued only to petitioners and whereas the petitioners had appeared before the Mamlatdar and had submitted their objections and whereas the said objections having not been considered, and the Mamlatdar having passed an order dated 17.01.2025 directing the petitioners to vacat
The court allows petitioners to challenge eviction notices while emphasizing the appropriate authority for appeals under the Gujarat Land Revenue Code.
Issuance of notice to a deceased individual violates due process, necessitating fair opportunity for affected parties to contest proceedings.
The Collector's intervention in pending appeals and granting interim relief exceeded his authority under the Gujarat Land Revenue Code.
Procedural irregularities and violation of natural justice principles necessitate court intervention, even when an alternative remedy exists.
A Tribunal must consider delay and established equity before ruling on tenancy rights; long possession and undisputed admissions can override substantial delays, ensuring justice is served.
The court emphasized the necessity of obtaining permissions for non-agricultural activities on agricultural lands, allowing petitioners to apply for such permissions while providing temporary protect....
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