IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 4203 of 2019 With CIVIL APPLICATION (DIRECTION) NO. 1 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4203 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 3 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4203 of 2019 With CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2022 In R/SPECIAL CIVIL APPLICATION NO. 4203 of 2019 ================================================================

MAHESHBHAI MANGAJI THAKOR & 2 other(s)

Versus STATE OF GUJARAT THROUGH THE SECRETARY & 3 other(s)

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Appearance:

MR KV SHELAT(834) for the Petitioner(s) No. 1,2,3 MS JYOTI BHATT, AGP for the Respondent(s) No. 1 MR DEEP D VYAS(3869) for the Respondent(s) No. 2 NOTICE SERVED BY DS for the Respondent(s) No. 3,4 ================================================================

CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE Date : 05/04/2022

ORAL ORDER

1. This petition under Article 226 of the Constitution of India is filed by the petitioners praying inte alia as under :-

“[A] The Hon’ble Court be pleased to admit and allow the present petition by issuing a writ of mandamus and/or appropriate writ, order or direction in the nature of mandamus holding that the Draft TP Scheme No.21 (5th Varied) Ambawadi in so far as the petitioners’ properties at Survey No.187 are concerned, is bad, inoperative, as null and void, unconstitutional, illegal scheme in view of the jurisdictional lapses and non observance of mandatory procedure by

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Act read with Rule 16 to 24 of the GTP Rules, in so far as the petitioners are concerned and an appropriate writ be issued not to execute or implement such Draft TP Scheme against the petitioners in view of the non-observance of the mandatory procedure rendering the draft scheme illegal and invalid;

[B] The Hon’ble Court be pleased to issue appropriate writ, order or direction quashing and setting aside the sanction given by the State Government to the Draft TP Scheme No.21 (5th Varied) under Section 48 which is without issuing any notices, without hearing and without considering the claims of the petitioners and notice under Section 68 Rule 33 of the GTP Act and the communication dated 14/2/2019 purporting to be final order and proposed action of the respondent authorities in threatening for immediate demolition without hearing the petitioners, without any adjudication be declared as illegal, with incorrect particulars, arbitrary, unreasoned, result of non application of mind, malafide and without following the principles of natural justice, without hearing the petitioners and without considering their contentions and be pleased to direct the respondent authorities to give opportunity of personal hearing after serving proper statutory notices and to adjudicate the same by passing reasoned, speaking orders as contemplated in Babulal’s case 1985 (2) GLR 883 in the interest of justice;

[C] The Hon’ble Court be pleased to issue appropriate writ order or direction directing that the revenue authority under the Devasthan Inam Abolition Act be directed to decide the claims of the Petitioners including adjudication under Sections 8 & 9 and directing the Respondent Authorities to amend the F From accordingly and then to follow the required statutory procedure as contemplated under Section 41 to 64 of GTP &

UD Act qua the petitioners.

2. It is a case where petitioner Nos.1, 2 and 3’s predecessor-in-title Mangaji Thakor was occupying the land

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from the Shahe Alam Roza Trust who were the Inamdars holding the property and on coming into operation of the The Gujarat Devasthan Inams Abolition Act, 1969 the Petitioners predecessor continued the legal possession given to him for residence, self-

employed business as dairy and for rearing cattle.

2.1 It is submitted by learned Advocate for the petitioners that so far as Survey No.187 is concerned, though the same in

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