IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14449 of 2024 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ==========================================

Approved for Reporting Yes No ✔

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BHURIYA NANJIBHAI S/O PANGLABHAI Versus STATE OF GUJARAT & ORS.

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Appearance:

MR ARTH V PARGHI(11292) for the Petitioner MR VD PARGHI(568) for the Petitioner MR ADITYA DAVDA AGP for the Respondents ==========================================

CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 30/03/2026

JUDGMENT

1. RULE returnable forthwith. Learned Assistant Government Pleader waives service of notice of rule on behalf of the respondents.

2. With the consent of learned counsel appearing for the respective parties, the present petition is taken up for final hearing.

3. Present petition is filed by the petitioner under Articles 226 of the Constitution of India and under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights)

Act, 2008 seeking following reliefs:-

(A) YOUR LORDSHIP may be pleased to admit and allow this petition.

(B) YOUR LORDSHIP may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in nature of mandamus directing the State Authorities that the physical possession of land bearing Survey No. 230 paiki 6, admeasuring 5 Acre 15 Gunthas out of total admeasuring 11 – 45 – 27 H – R – A situated at Village - Navanagar, Tal. Dhanpur, District: Dahod be allotted to the petitioner as per rules and regulations of the government and also directing the Forest Department not to disturb the possession in the land of the petitioner bearing Survey No. 230 paiki 6, admeasuring 5 Acre 15 Gunthas out of total admeasuring 11 – 45 – 27 H – R – A situated at Village - Navanagar, Tal. Dhanpur, District: Dahod.

(C) YOUR LORDSHIP may be pleased to issue a writ of mandamus directing to the respondents to undertake the procedure for compliance against the order issued by State Government to the petitioners and handover the possession of land to the petitioners bearing Survey No. 230 paiki 6, admeasuring 5 Acre 15 Gunthas out of total admeasuring 11 – 45 – 27 H – R – A situated at Village - Navanagar, Tal. Dhanpur, District: Dahod forthwith.

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

4. Heard learned counsel for the petitioner and learned Assistant Government Pleader for the respondents. Perused the material placed on record.

5. Learned counsel appearing for the petitioner, submitted that the petition has been filed seeking direction to the State authorities to allot physical possession of the land as per the applicable rules and regulations of the government, coupled with the direction to the forest department not to disturb the possession.

6. Learned Assistant Government Pleader, submitted that as per the Schedule Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 read with the Schedule Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007 (hereinafter referred to as the “Rules of 2007”), an inbuilt mechanism is provided for the forest rights of the claimants. It is submitted that the form, initially, is to be submitted to the Gram Sabha who, in turn, after collecting all the necessary details, will submit it to the Forest Rights Committee which, in turn, will take steps in accordance with the provisions of Rule 12 of the Rules of 2007 and thereafter, will submit it to the Gram Sabha and/or the authority concerned which, thereafter, will pass a resolution either approving or rejecting the rights and if any person is aggrieved by the resolution