IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
HEMANTKUMAR NANABHAI PATELV/sTHE STATE OF GUJARAT
R/SCA/12295/2025
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NEUTRAL CITATION
C/SCA/12295/2025 ORDER DATED: 17/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 12295 of 2025
With CIVIL APPLICATION (FOR STAY) NO. 1 of 2026
In R/SPECIAL CIVIL APPLICATION NO. 12295 of 2025 With
R/SPECIAL CIVIL APPLICATION NO. 12305 of 2025 With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2026 In R/SPECIAL CIVIL APPLICATION NO. 12305 of 2025
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HEMANTKUMAR NANABHAI PATEL & ORS.
Versus THE STATE OF GUJARAT & ANR.
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Appearance:
MR BM MANGUKIYA(437) for the Petitioner(s) No. 1,2,3,4 MS BELA A PRAJAPATI(1946) for the Petitioner(s) No. 1,2,3,4
MR. HARDIK SONI, AGP for the Respondent(s) No. 1,2 ===================================================
CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 17/04/2026
COMMON ORAL ORDER
1. Heard Mr. B.M. Mangukiya, learned advocate appearing for the petitioners and Mr. Hardik Soni, learned AGP
appearing for the respondent – State authorities.
2. As the grievance raised by the petitioners in both
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the petitions are selfsame, both the petitions are heard analogously and common order is passed in both the petitions, with the consent of the learned advocates appearing
for the respective parties.
3. The Petition being Special Civil Application No. 12295 of 2025 is taken as a lead matter and the facts stated
from the said Petition, shall govern both the petitions.
4. By way of the present Petition, petitioners herein
have prayed for the following reliefs:
“29. On the premise mentioned as above, the petitioners pray that Your Lordship may :
(A) Be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus, and to quash and set aside the impugned show cause notice issued by the respondent City Mamlatdar dated
July 17, 2025 – Annexure-F;
(B) Be pleased to issue a writ of prohibition or any other appropriate writ, order or direction in the nature of prohibition, and be pleased to direct the respondent City Mamlatdar to forebear from proceeding with the show cause
notice dated July 17, 2025 – Annexure-F;
(C) Pending admission and final disposal of the present petition, be pleased to stay the implementation, execution and operation of the impugned show cause notice issued by the
respondent City Mamlatdar dated July 17, 2025 – Annexure-F;
(D) Be pleased to pass such other and further orders as may b deemed fit and proper.”
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5.1. Mr. Mangukiya, learned advocate submits that, petitioners herein are issued the cryptic Notice under Section 61 of the Gujarat Land Revenue Code, 1879 (for short ‘the
Act’) dated 17.07.2025.
5.2. Pursuant to the said notice, petitioners herein have approached the competent authority and the proceedings are
on-going.
5.3. Reliance is placed on the on the communication dated 13.08.2025, duly produced at Annexure–I to the petition addressed to the City Mamlatdar, Maninagar seeking certain documents, the said documents having not been annexed with the impugned notice. That the notice was issued only placing reliance on the Panchnama and no other documents are provided to the petitioners. Mr. Mangukiya, learned advocate submits that, to ensure that the aforesaid would not create any further difficulty during the proceedings, petitioners prayed for other documents. The application is replied by the Talati, Maninagar by
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C/SCA/12295/2025 ORDER DATE
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