IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 7333 of 2025 With R/SPECIAL CIVIL APPLICATION NO. 7348 of 2025 With R/SPECIAL CIVIL APPLICATION NO. 7349 of 2025 With R/SPECIAL CIVIL APPLICATION NO. 7350 of 2025 With R/SPECIAL CIVIL APPLICATION NO. 7351 of 2025 With R/SPECIAL CIVIL APPLICATION NO. 7353 of 2025 With R/SPECIAL CIVIL APPLICATION NO. 7358 of 2025 With R/SPECIAL CIVIL APPLICATION NO. 7359 of 2025 ==========================================================

DEVIBEN JAGDISH MAKADIYA Versus STATE OF GUJARAT & ORS.

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Appearance:

MR VISHAL B MEHTA(5319) for the Petitioner(s) No. 1 MR. SAHIL TRIVEDI, ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3 ==========================================================

CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA Date : 28/05/2025 COMMON ORAL ORDER

1. By way of this petition, the petitioner has prayed for the following reliefs:-

(A) Be pleased to issue an appropriate writ, order or directions by quashing and setting aside the impugned order dated 7.5.2025 passed by the Mamlatdar, Porbandar (Annexure D) as well as impugned notice dated 13.5.2025 issued by the Mamlatdar, Porbandar, directing the Mamlatdar, Porbandar, directing the Mamlatdar, Porbandar (Annexure G) not to remove the petitioner without following due procedure in accordance with law.

(B) Pending admission, hearing and final disposal of this petition be pleased to stay the impugned order dated 7.5.2025 passed by the Mamlatdar, Porbandar (Annexure D) as well as impugned notice dated 13.5.2025 issued by the Mamlatdar, Porbandar (Annexure G) and further be pleased to direct the respondent authority to maintain status quo with regard to house of the petitioner till the final disposal of this petition;

(C) Pass such other and further orders as the Hon’ble Court deems fit and proper in the interest of justice.

2. Submitting the facts of the case of the petitioner, learned advocate for the petitioner urged before this Court that initially a notice dated 22.04.2025 was issued against the petitioner alleging the encroachment, stating that hearing qua such encroachment is scheduled on 1.5.2024. without giving any details. It was submitted that thus, a detailed reply dated 07.05.2025 was filed by the petitioner alleging inter-alia that they have only 100 sq. mtrs. of area on which they have a residential house, including various other contentions were raised in the said representation. It was submitted that however, without giving any opportunity of personal hearing, the impugned notice dated 07.05.2025 came to be issued and on the very next day, a notice under Section 202 of the Bombay Land Revenue Code was issued. Thereafter, on 12.05.2025 again a representation was made urging the Respondent Authorities to follow the guidelines of Hon’ble Supreme Court issued in respect of Section 202 of the Bombay Land Revenue Code, to which a fresh notice dated 13.05.2025 has been issued. It was submitted that the same is not in accordance with due procedure of law.

3. Opposing the said petition, by way of a preliminary objection, learned AGP Mr. Sahil Trivedi appearing for the respondent – State has brought to the notice of this Court that the very order dated 07.05.2025 specifies that if the petitioner is aggrieved by the said order, he has to approach the Appellate Authority within

6o days.

4. The objection as contended by the learned AGP is not tenable in the sense that undue haste appears to have been made in giving appropriate time to the petitioner to respond to these notices.

5. As can be seen, the representation of the petitioner to the notice dated 22.04.2025 was made on 07.05.2025 and on the very day, the impugned notice came to be passed. And the fact that no personal hearing was given, appears not to be seriously disputed by the other side. Similarly, thereafter, on the very next day, a notice under section 202 of the Bombay Land Revenue Code has been issued