The court emphasized the necessity of due process in administrative proceedings, mandating that all affected parties be notified and given an opportunity to participate before any action is taken.

ORDER :

1. Heard learned advocate Ms. Kruti Shah with learned advocate Ms. Dhruti Pandya for learned advocate Ms. Jay Shah for the petitioners and learned AGP Mr. Nikunj Kanara for the respondent – State.

2. While the petitioners have challenged an order dated 03.01.2025 passed by the Mamlatdar, Dahod, in Encroachment Case No.23 of 2024 and the primary contention of the petitioners being that a copy of the map which was prepared as well as measurement sheet prepared by the DILR / Mamlatdar, which had weighed with the Mamlatdar was not provided to the petitioners, today the learned AGP, under written instructions of the Mamlatdar concerned dated 21.03.2025, would submit that the Mamlatdar has undertaken that a fresh measurement of the subject land shall be carried out after giving due notices to the petitioners and all other affected parties.

3. Considering the same, to this Court, it would appear that the order impugned before this Court dated 03.01.2025, would require appropriate interference and whereas after the measurement as contemplated in communication dated 21.03.2025 is carried out, liberty should be reserved to the Mamlatdar to initiate fresh proceedings, if any, after giving due notices to all the parties.

4. Having regard to the above observations, to this Court, the following directions would suffice the interest of justice:

(a) The impugned order dated 03.01.2025 in Encroachment Case No.23 of 2024 passed by the Mamlatdar, Dahod, is hereby quashed and set aside.

(b) The Mamlatdar is at liberty to carry out / have carried out fresh measurement of the subject land after giving due notice and opportunity to all affected parties.

(c) Upon the measurement being carried out, the Mamlatdar would be at liberty, if required, to initiate fresh proceedings under Section 61 of the Gujarat Land Revenue Code, albeit and undoubtedly, after issuing notices to all the parties and providing appropriate opportunity to all the parties.

5. With this observations and directions, the present petition stands disposed of as allowed. Direct service is permitted.

6. It is clarified that this Court has not gone into merits of the matter and whereas the Mamlatdar is at liberty including, but not limited to initiate the proceedings under Section 61 and all consequential proceedings and whereas the Mamlatdar shall take an appropriate decision in case the proceedings under Section 61 are required to be initiated, strictly in accordance with law and on the merits of the matter and whereas it is clarified that this Court has not observed on the merits of the dispute. It is further clarified that all contention including contention of jurisdiction etc. would be open for all the parties to take.