Gujarat High Court
Navnitbhai Ranchodbhai vs Surat District Panchayat on 8 September, 2025
NEUTRAL CITATION
C/SCA/3154/2019 JUDGMENT DATED: 08/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3154 of 2019
With
CIVIL APPLICATION (FOR VACATING INTERIM RELIEF) NO. 1 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 3154 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE MAUNA M. BHATT sd/-
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Approved for Reporting Yes No
No
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NAVNITBHAI RANCHODBHAI & ORS.
Versus
SURAT DISTRICT PANCHAYAT & ORS.
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Appearance:
MR ASPI M KAPADIA(1865) for the Petitioner(s) No. 1,2,3,4,5,6,7,8,9
MR DHARMESH DEVNANI, LD.ADVOCATE WITH MS POONAM M
MAHETA(11265) for the Respondent(s) No. 10,11,12,13,14,15,7,8,9
MS SEJAL K MANDAVIA(436) for the Respondent(s) No. 2 to 4
RULE SERVED for the Respondent(s) No. 1,5,6
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 08/09/2025
ORAL JUDGMENT
1. Additional affidavit filed on behalf of the respondent Nos.7 & 13 is taken on record.
2. This petition is filed challenging resolution dated 19.05.2015 (Annexure "C" Page-17/B) of respondent No.5 - Narthan Gram Panchayat, whereby, respondent No.6 was permitted to construct road on the land of the petitioners Page 1 of 6 Uploaded by DIPTI PATEL(HC00191) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:13:58 IST 2025 NEUTRAL CITATION C/SCA/3154/2019 JUDGMENT DATED: 08/09/2025 undefined bearing Survey Nos.271 and 290 of Village Narthan, Taluka:
Olpad, District: Surat.
3. Heard learned advocate Mr.Aspi Kapadia for the petitioners, learned advocate Ms.Sejal Mandavia for respondent Nos.2 to 4 and learned advocate Mr.Dharmesh Devnani for respondent Nos.7 to 15.
4. Learned advocate Mr.Aspi Kapadia for the petitioners submitted that resolution passed by respondent No.5- Narthan Gram Panchayat dated 19.05.2015, is void ab-initio because there is no provisions under the Gujarat Panchayat Act permitting Narthan Gram Panchayat to pass such resolution.
Therefore, since the resolution dated 19.05.2015 is passed beyond the provisions of Gujarat Panchayats Act, the same deserves to be quashed and set aside. Moreover, the resolution dated 19.05.2015, was passed without following the due procedure under the provisions of the Act and the Rules. Assuming without admitting that such resolution is permissible then also the resolution dated 19.05.2025 was passed without prior notice to the petitioners. Therefore, on account of breach of principles of natural justice, the resolution deserves to be quashed and set aside.
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5. Learned advocate for the petitioners invited attention of this court to the application made by private respondent Nos.7 to 15 (at Annexure "B" Page-14) to submit that on 19.05.2015, an application was made seeking to use public road by developing the same, at their own cost and on the very day, the resolution was passed. Further, the road sought to be developed is not a public road and private respondents may not be permitted to use such road as public road by taking shelter of gram panchayat resolution dated 19.05.2015. The land belongs to the petitioner on which road was proposed to be developed. Reliance is also placed on contempt proceeding, filed to support the submission that private respondents may not be permitted to use such road as public road.
6. On other hand, learned advocate Mr.Dharmesh Devnani appeared for private respondents and submitted that it is true that resolution dated 19.05.2015 was passed without issuance of notice to the petitioners. He fairly submitted that without going into the merits or otherwise of the said resolution and the jurisdiction of Gram panchayat to pass such resolution, if resolution dated 19.05.2015 is quashed and set aside on the ground of breach of principles of natural justice, the same would not cause any prejudice to the private respondents Page 3 of 6 Uploaded by DIPTI PATEL(HC00191) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:13:58 IST 2025 NEUTRAL CITATION C/SCA/3154/2019 JUDGMENT DATED: 08/09/2025 undefined because the private respondents have filed Civil Suit No.101 of 2025 for their easement rights to use the subject road. The private respondents, are using the subject road since many years. Therefore, quashing of resolution of gram panchayat on procedural irregularities may not affect their legal right in pending civil suit.
7. Learned advocate Mr.Devnani submitted that it is true that an affidavit by respondent Nos.7 & 13 is filed in the proceedings under the contempt of Courts Act, that till order in the pending Civil Suit No.101 of 2025 is passed in favour of the private respondents, they shall not use the subject road as public road. At the cost of repetition, learned advocate submitted that however the affidavit filed in the contempt proceedings and concession made before this Court to quash and set-aside resolution dated 19.04.2015, on account of procedural defect, may not come in way of pending Suit, and its adjudication.
8. Considering the above submissions and noticing the orders passed by this court in contempt proceedings, as also affidavit dated 01.09.2025 by private respondent Nos.7 & 13, following order is passed:
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(i) Resolution dated 19.05.2023 (Annexure "C" Page-17/A) is quashed and set aside on the ground that the same was passed in breach of principles of natural justice.
(ii) Since the resolution dated 19.05.2019 is quashed and set aside on the ground of breach of principles of natural justice, this court has not gone into jurisdiction or otherwise of Gram Panchayat to pass such resolution.
(iii) In view of quashing and setting aside resolution dated 19.05.2015, private respondent Nos.7 to 13 shall not be permitted to use the subject road as public road by placing reliance on the resolution dated 19.05.2015.
(iv) In view of pendency of Civil Suit No.101 of 2025 where the petitioners have sought for their easement rights over the subject road, quashing of resolution dated 19.05.2015 and filing of affidavit filed by private respondent Nos.7 & 13 dated 01.09.2025, shall not have any bearing on pending Suit.
(v) In other words, it is open for the Civil Court to adjudicate the Civil Suit No. 101 of 2025, pending before it, on its own merits, without influenced by the observation made herein above and affidavit of private respondents. Rights and contentions of all the parties are kept open.
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9. With this, the present petition is disposed of. Rule is made absolute to the aforesaid extent.
10. In view of dismissal of the main petition, Civil Application No.1 of 2023 would not survive and the same is accordingly disposed of.
sd/-
(MAUNA M. BHATT,J) DIPTI PATEL...
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