IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 3238 of 2026 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE M. R. MENGDEY ==========================================================

Approved for Reporting Yes No ==========================================================

JAYESHREEBEN BHAVINBHAI DAVE Versus STATE OF GUJARAT & ORS.

==========================================================

Appearance:

MR PREMAL R JOSHI(1327) for the Applicant(s) No. 1 MR. MEET THAKKAR, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 09/03/2026

JUDGMENT

1. By filing the present Petition under Article 226 of the Constitution of India, the Petitioner has prayed for the following relief:

“(A) Be pleased to admit and allow the present petition;

(B) Be pleased to quash and set aside the decision dated communication dated 3/4/2023 [Annexure-A] informing to the petitioner that though private respondent no.9 is occupying the land in question but one Regular Civil Suit No. 31/2013 is pending between the parties and therefore the application of the petitioner has been filed;

(C) Be pleased to issue appropriate order, direction and / or writ holding that the private respondents no. 9 and 10 are illegally, unlawfully and unauthorizedly occupying the land belonging to the petitioner in Survey No.847 and 848 situated at Mauje: Daduka, Taluka – Sanand, District: Ahmedabad and further be pleased to direct the respondent authorities to initiate proceedings against respondent no. 9 and 10 under the provisions of Gujarat Land Grabbing (Prohibition)

Act, 2020;

(D) Be pleased to direct the respondent authorities to hand over the peaceful and vacant possession of land bearing Survey No., 848 situated at Mauje: Daduka, Taluka – Sanand, District: Ahmedabad to the petitioner;

(E) Pending admission and final disposal of this petition, Your Lordships will be pleased to direct the respondent authorities to hand over the peaceful and vacant possession of land bearing Survey No. 847 and 848 of land situated at Mauje : Daduka, Taluka – Sanand, District:

Ahmedabad;

(F) Such other and further relief that is just, fit and expedient in the facts and circumstances of the case may be granted.”

2. The facts and circumstances giving rise to the filing of the present Petition are such that the Petitioner had submitted an Application to the office of the Collector, Ahmedabad seeking to initiate appropriate action against Respondent Nos. 9 and 10 herein. It is the case of the Petitioner against them that they had grabbed the land belonging to the Petitioner and were occupying the same unauthorizedly. The office of the Collector, Ahmedabad vide communication dated 3.04.2023, has informed the Petitioner that since the proceedings of Regular Civil Suit No. 31 of 2013 are pending and the decision of the concerned Court taken therein would be binding to all the parties, it has been decided to file the Application submitted by the Petitioner.

2.1 Being aggrieved and dissatisfied with the same, the Petitioner has approached this Court by filing the present Petition.

3. Heard learned Advocate Mr. Premal R. Joshi appearing for the Petitioner and learned APP Mr. Meet Thakkar appearing for the Respondent –

State.

4. Learned Advocate for the Petitioner submitted that the Respondent Nos. 9 and 10 herein have been illegally occupying the land belonging to the Petitioner. So far as the aspect of the Civil Suit is concerned, the said Civil Suit is going on between the Petitioner and the other family members, to which the Respondent Nos. 9 and 10 herein are not the parties, and therefore, the authorities under the Land Grabbing Act ought to have registered an offence in view of the provisions of the Land Grabbing Act against them. The case on the part of Respondent Nos. 9 and 10 herein clearly falls under the definition of Land Grabbing Act. The Petitioner does not want any offence to be reg