IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 2469 of 2026 =============================================

NARANBHAI KUMBHABHAI GOHIL & ORS.

Versus COLLECTOR SHRI & ORS.

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

Appearance:

MR KAUSHAL D PANDYA(2905) for the Petitioner(s) No.

1,2,3,4,5,6,7,8,9 MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2,3 KAASH K THAKKAR(7332) for the Respondent(s) No. 4 =============================================

CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI Date : 26/02/2026

ORAL ORDER

1. Heard Mr. Kaushal D. Pandya, learned advocate appearing for the petitioners, Mr. Jayneel Parikh, learned AGP appearing for the respondent Nos.1,2,3 and Mr. Kaash K.

Thakkar, learned advocate appearing for the respondent No.4.

2. By way of present petition, the petitioners herein have prayed for the following reliefs:

“(A) THIS HONOURABLE COURT may be pleased to admit and allow this petition;

(B) THIS HONOURABLE COURT may be pleased to quash and set aside the order No.1029/14/13/086/2025 dtd.31.12.2025 (Annexure: A) passed by the District Collector Bhavnagar under the provisions of Gujarat Land Revenue Code, 1972;

(C) THIS HONOURABLE COURT may be pleased to quash and set aside the resolution No.6/2025 (Annexure – C) passed by Junapadar Gram Panchayat in its meeting dtd. 07.07.2025 whereby, decided to allot the 5,500 s.q. mtrs land of survey No.Oz1/2;

(D) PENDING HEARING AND TILL FINAL DISPOSAL OF PRESENT PETITION THIS HONOURABLE COURT may be pleased to stay the order dtd. 31.12.2025 (Annexure: A) and the resolution No.6/2025 (Annexure: C) passed Juna padar Gram Panchayat in its meeting dtd.

07.07.2025;

(E) Be pleased to pass such other and further relief that is just, fit and expedient in the facts and circumstances of the case.”

3. Mr. Kaushal D. Pandya, learned advocate appearing for the petitioners submits that the petitioners herein are aggrieved by the order passed by the respondent No.1 dated 31.12.2025 wherein, by exercising the administrative power, the land bearing survey/block No.Oz 1/2 (old tenure) Gamtal admeasuring 5500 sq. mtrs. is allotted to the District Education Officer, Bhavnagar. It is submitted that the petitioner Nos.1 and 2 are elected members of Juna Padar Gram Panchayat whereas, the petitioner Nos.3 to 9 are the residents and voters of Juna Padar Gram Panchayat. It is the case of the petitioners that the procedure adopted by the Sarpanch is without following the prescribed procedure as provided under the Gujarat Panchayat Act, 1993 (for short ‘the Act, 1993) and Panchayat Rules. It is further submitted that the Sarpanch has not called the Gram Sabha as provided under the Rules and the members of Gram Sabha were never informed regarding the school project and allotment of Gamtal land whereby, the Sarpanch is in violation of the provisions of the Act, 1993 and the mandate of the Constitution of India. Being aggrieved by the action of the Sarpanch, the petitioner No.1 raised objection before the District Development Officer on 08.01.2026 and has drawn attention that the signature made in the resolution is not made by him and is opposing the allotment. The said objection is duly produced on record at Annexure – D to the petition.

3.1 It is also submitted by Mr. Pandya, learned advocate appearing for the petitioners that the petitioner No.1 has also submitted objection/complaint to the Police Sub-Inspector to initiate action against the Sarpanch. It is submitted that the petitioner No.2 also raised objection before the Talati/Mantri on 07.01.2026 to draw the attention that in the resolution, he has not made signature and not supporting the allotment. The said objection is duly produced at Annexure – F to the petition. It is submitted that in view of the aforesaid, the impugned order passed by the respondent No.1 is such that the same is required to be quashed and set aside.

4. Mr. Jayneel Parikh, learned AGP appearing for the respondent Nos.1, 2 and 3 submits that the order impu