##PAGE1##

NEUTRAL CITATION

C/SCA/4606/2026 ORDER DATED: 02/04/2026

0.910235712343119

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 4606 of 2026

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

SHANTABEN KHERAJ DAVADA & ORS.

Versus STATE OF GUJARAT & ORS.

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

Appearance:

MR KISHAN P KOTAK(13912) for the Petitioner(s) No. 1,2,3 MR VIMAL A PUROHIT(5049) for the Petitioner(s) No. 1,2,3

GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3 =====================================================

CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

Date : 02/04/2026

ORAL ORDER

1. Heard Mr. Mihir Thakore, learned Senior Counsel assisted by Mr. Vimal A. Purohit, learned advocate appearing for

the petitioners.

2. By way of the present petition, petitioners herein have challenged the impugned order dated 17.02.2026 passed in No. Appeal – LRC-1879-Section 61 – Case No. 7/2025 passed by the Mamlatdar, wherein, petitioners herein are held to be in encroachment as per the order (pg.189). The aforesaid has given

Page 1 of 4 Uploaded by PRADHYUMANSINH D. RAHEVAR(HC01408) on Mon Apr 06 2026 Downloaded on : Fri Apr 10 19:09:45 IST 2026

NEUTRAL CITATION

C/SCA/4606/2026 ORDER DATED: 02/04/2026

0.910235712343119

rise to the filing of the present petition, wherein, it is submitted by Mr. Thakore, learned Senior Counsel that in on-going proceedings against the petitioners herein, upon a complaint registered by one third person, viz. Lalji Khajuribhai Maheshwari (pg.175), under the provision of the Land Grabbing Act, the learned Deputy Collector relegated the proceedings to the learned Mamlatdar, as a fact finding authority, to inquire into the

matter.

3. It is submitted that, in the said proceedings, upon issuance of notice dated 07.07.2025, wherein, petitioners herein stated to be in encroachment. The petitioners herein appeared before the respondent authority, wherein, the preliminary objection / reply is filed. It is submitted that, without considering the contentions raised by the petitioners, the impugned order is passed under Section 61 of the Gujarat Land Revenue Code (for short ‘the Code’), in absence of issuance of notice under Section 61 of the Code. It is submitted that, the impugned notice is silent as to the provision under which the said notice is issued by the

Page 2 of 4 Uploaded by PRADHYUMANSINH D. RAHEVAR(HC01408) on Mon Apr 06 2026 Downloaded on : Fri Apr 10 19:09:45 IST 2026

NEUTRAL CITATION

C/SCA/4606/2026 ORDER DATED: 02/04/2026

0.910235712343119

learned Mamlatdar. It is submitted that the powers are provided to the Collector under Section 61 of the Code and the impugned

order is as such without jurisdiction.

4. Mr. Jayneel Parikh, learned AGP appearing for the respondent- State submits that the powers are as such delegated powers to the Mamlatar and in view thereof, the impugned order passed by the Mamlatdar is in exercise of the powers conferred by various Notifications issued by the State Government from

time to time.

5. Having heard the learned advocates appearing for the respective parties, Mr. Thakore, learned Senior Counsel, has made-out a prima-facie case, wherein, the proceedings initiated against the petitioners herein under the provisions of the Land Grabbing Act, the impugned action is undertaken under Section

NOTICE 28.04.2026

61 of the Code. Issue , returnable on . Mr. Jayneel Parikh, learned AGP waives service of notice on behalf of

the respondent no.1.

Page 3 of 4 Uploaded by PRADHYUMANSINH D. RAHEVAR(HC01408) on Mon Apr 06 2026 Downloaded on : Fri Apr 10 19:09:45 IST 2026

NEUTRAL CITATION

C/SCA/4606/2026 ORDER DATED: 02/04/2026

0.910235712343119

6. In the interest of justice, the impugned order dated 17.02.2026 in Appeal-LRC-1879-Section 61 – Case No. 7 of 2025 passed by the Mamlatdar, Bhuj (Rural) [Annexure-II] is directed

not to be acted upon, till the next returnable date.

Direct service is permitted qua rest of the respondents.

(VAIBHAVI D. N