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HIGH COURT OF GUJARAT
NSK
PATEL HIRABHAI MOHANBHAI – Appellant
Versus
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.1073 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. As per the submissions made by learned Aadvocate Mr. Chaudhary and this Court having verified the notice on record, it would appear that the notice is addressed to one Patel Bhikhabhai Punjabhai and others at Satlasana and whereas it is the case of the petitioners that Patel Bhikhabhai Punjabhai was one of the right holders in the land in question and whereas
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The court allows petitioners to challenge eviction notices while emphasizing the appropriate authority for appeals under the Gujarat Land Revenue Code.
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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.
The main legal point established in the judgment is that Sections 61 and 79A of the Bombay Land Revenue Code, 1879, providing for penalties for unauthorized occupation of land and summary eviction of....
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.
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