Gujarat High Court
Gafurbhai Bakshubhai Multani vs State Of Gujarat on 13 October, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/CA/5067/2025 ORDER DATED: 13/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5067 of
2025
In R/LETTERS PATENT APPEAL NO. 1171 of 2025
(F/LETTERS PATENT APPEAL NO. 30841 of 2025)
With
R/LETTERS PATENT APPEAL NO. 1171 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 11148 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT
APPEAL NO. 1171 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 11148 of 2025
With
CIVIL APPLICATION (FOR AMENDMENT) NO. 2 of 2025 In CIVIL
APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT
APPEAL NO. 1171 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 11148 of 2025
With
CIVIL APPLICATION (FOR AMENDMENT) NO. 3 of 2025 In R/LETTERS
PATENT APPEAL NO. 1171 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 11148 of 2025
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GAFURBHAI BAKSHUBHAI MULTANI & ORS.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
THAKKAR AND PAHWA ADVOCATES(1357) for the Applicant(s) No. 1,2,3
MS. HETAL PATEL, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 13/10/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL) Order in Civil Application (for condonation of delay) Page 1 of 6 Uploaded by VARSHA DESAI(HC01393) on Thu Oct 16 2025 Downloaded on : Thu Oct 16 23:40:24 IST 2025 NEUTRAL CITATION C/CA/5067/2025 ORDER DATED: 13/10/2025 undefined No. 5067 of 2025 and Civil Application No. 2 of 2025 and Civil Application No. 3 of 2025:-
1. The above noted amendment applications have been filed seeking for amendment of the prayer in the memo of the Civil Application (for stay) No. 1 of 2025 and the main prayer made in the Letters Patent Appeal to seek relief of status quo ante with the assertion that by the time the appeal is taken up for hearing, the existing constructions have been demolished on 05.10.2025.
2. It is submitted that the Letters Patent Appeal was presented in the Registry on 01.10.2025 and it was examined on 03.10.2025, when objection was raised with regard to the delay of 14 days in filing the appeal, for which the application seeking condonation of delay was filed on 04.10.2025. The contention of the appellant is that the date of presentation of the appeal indicated in the memo is 07.10.2025, because of the time taken in filing of the delay condonation application and the appearance of the learned advocate submitted on 07.10.2025.
3. The submission is that the oral order dated Page 2 of 6 Uploaded by VARSHA DESAI(HC01393) on Thu Oct 16 2025 Downloaded on : Thu Oct 16 23:40:24 IST 2025 NEUTRAL CITATION C/CA/5067/2025 ORDER DATED: 13/10/2025 undefined 18.08.2025 passed by the learned Single Judge was uploaded on 30.09.2025. There is, thus, no delay in the presentation of the appeal, if it is computed from the date of uploading of the judgment, i.e. 30.09.2025.
4. Taking note of the above, the delay application stands allowed.
5. The Amendment being formal in nature, the amendment applications namely Civil Application No. 2 of 2025 and Civil Application No. 3 of 2025 for amendment of the prayers in the stay application and the Letters Patent Appeal, are hereby allowed.
ORDER IN MAIN MATTER:-
Having heard Mr. R. S. Sanjanwala, learned Senior Counsel assisted by Ms. Simran Pahwa, learned advocate for the appellant and perused the record, pertinent is to note that the learned Single Judge has dismissed the writ petition vide judgment and order dated 18.08.2025, at the admission stage without calling for the counter affidavit, holding that the petitioners are encroachers of the land in question and their representations to regularize their occupation on the Page 3 of 6 Uploaded by VARSHA DESAI(HC01393) on Thu Oct 16 2025 Downloaded on : Thu Oct 16 23:40:24 IST 2025 NEUTRAL CITATION C/CA/5067/2025 ORDER DATED: 13/10/2025 undefined Gauchar land cannot be considered.
It is submitted by the learned Senior Counsel for the appellant that about 170 families are residing over the land in question which is Survey No. 119/ 1 paiki 2 and an adjacent plot. However, with regard to Survey No. 119/1 paiki 2, the categorical stand of the learned Assistant Government Pleader before the Writ Court was that the Collector, Surat allotted the said land to Zankhvav Gram Panchayat on 11.10.1961 for construction of houses for the needy Vanzara community on a rent of Rs.5/- per guntha. It was also noted by the learned Single Judge in paragraph no. 5 of the judgment impugned on the stand of the learned Assistant Government Pleader that the needy persons were granted lands on lease for a period of 30 years on various conditions, which were found to be breached and hence, the allotments were cancelled.
The contention of the learned Assistant Government Pleader before the Writ Court was that the land in question was handed over to the Gram Panchayat for administrative purposes and the Gram Panchayat did not follow the conditions and constructed the temporary sheds, on account Page 4 of 6 Uploaded by VARSHA DESAI(HC01393) on Thu Oct 16 2025 Downloaded on : Thu Oct 16 23:40:24 IST 2025 NEUTRAL CITATION C/CA/5067/2025 ORDER DATED: 13/10/2025 undefined of which, the conditions came to be breached. As a result of it, the Collector had cancelled the order dated 11.10.1961 and the subject land, resultantly, vested with the State Government by virtue of the order dated 12.02.1971 and was shown as Gauchar land in the revenue record. The stand of the State before the Writ Court was that the petitioners are in illegal occupation of the land in question and there is no allotment or valid lease in their favour.
All factual submission made by the learned Assistant Government Pleader before the writ Court, without filing a counter affidavit, in our considered opinion, could not have been appreciated.
As there are disputed questions about the allotment of the land in question to the petitioners/appellants herein and the breach of conditions of allotment on the part of the allottees, in our considered opinion, the issue could not have been adjudicated without calling the response of the State respondents.
Taking note of the above, while staying the effect and operation of the judgment and order dated 18.08.2025 Page 5 of 6 Uploaded by VARSHA DESAI(HC01393) on Thu Oct 16 2025 Downloaded on : Thu Oct 16 23:40:24 IST 2025 NEUTRAL CITATION C/CA/5067/2025 ORDER DATED: 13/10/2025 undefined passed by the learned Single Judge, we require the State - respondents to file a counter affidavit giving parawise reply to the writ petition within a period of four weeks from today. Two weeks, thereafter, is granted to file a rejoinder.
In view of the amendment application allowed today, taking note of the stand of the State respondents that the constructions existing on the spot had been demolished on 05.10.2025, we further provide that the status quo as to the nature and possession of the land in question shall be maintained by the parties till the final disposal of the present appeal.
Put up on 27.11.2025.
(SUNITA AGARWAL, CJ ) (D.N.RAY,J) VARSHA DESAI Page 6 of 6 Uploaded by VARSHA DESAI(HC01393) on Thu Oct 16 2025 Downloaded on : Thu Oct 16 23:40:24 IST 2025