Gujarat High Court
Bhikhabhai Masribhai Pandit vs State Of Gujarat on 9 April, 2026
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
NEUTRAL CITATION
C/SCA/4741/2026 ORDER DATED: 09/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4741 of 2026
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BHIKHABHAI MASRIBHAI PANDIT
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR ASIT B JOSHI(2567) for the Petitioner(s) No. 1
MR HARDIK SONI, AGP for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 09/04/2026
ORAL ORDER
1. Heard Mr. Asit B. Joshi, learned advocate appearing for the petitioner.
2. By way of the present petition, the petitioner herein has prayed for the following reliefs:
(A) YOUR LORDHSIPS be pleased to issue a writ of Mandamus or any other appropriate writ, order or direction, quashing and Setting aside the impugned order dtd. 22.01.2026 (Annexure 'A') passed by respondent no. 3 in Encroachment Case no. 33 of 2025 purportedly exercising power U/s. 61 of the Bombay land Revenue Code, 1879, thereby evicting the petitioner from the agricultural land of Sy. No. 80 admeasuring OH-22 Are-26 sq. mtr. situated at Village: Zunzarpur, Tal: Maliya Hatina, Dist:
Junagadh as being illegal, arbitrary, unjust, contrary to the policy of the State Government as also violative of Art. 14 and 19 of the Constitution of India in the interest of justice and equity; Page 1 of 4 Uploaded by SHARMA KUMKUM MAHENDRA(HC02349) on Thu Apr 09 2026 Downloaded on : Thu Apr 09 23:53:32 IST 2026
NEUTRAL CITATION C/SCA/4741/2026 ORDER DATED: 09/04/2026 undefined (B) YOUR LORDSHIPS be pleased to Stay the implementation, execution of the impugned order dtd. 22.01.2026 (Annexure 'A') passed by respondent no. 3 in Encroachment Case no. 33 of 2025 and Further be pleased to direct the parties to maintain Status Quo in all manner in respect of Subject land i.e. agricultural land of Sy. No. 80 admeasuring OH-22Are-26 sq. mtr. situated at Village: Zunzarpur, Tal: Maliya Hatina, Dist :
Junagadh, pending, admission, hearing and final disposal of the present petition;
(C) YOUR LORDHSIPS be pleased to direct respondent no. 2 authority to consider the detailed representation /application dtd.
26.02.2026 (Annexure 'B') submitted by the petitioner for regularization of the several decades long occupation and possession of the petitioner on the Subject land i.e. agricultural land of Sy. No. 80 admeasuring 0H-22Are-26 sq. mtr. situated at Village: Zunzarpur, Tal: Maliya Hatina, Dist: Junagadh in accordance with the provisions of the Bombay Land Revenue Code, 1879 and Rules as also Government Resolution dtd. 08.01.1980; 23.02.1991 and 28.08.1998 (Annexure "H", "I" and "J") issued by the State Government, and take decision after affording a reasonable opportunity of hearing to the petitioner, and after considering any further material/documents that may be produced/submitted by the petitioner, within such stipulated time as may be deem fit by this Hon'ble Court AND;Further be pleased to direct respondent authorities till then to maintain Status Quo in all manner in respect of Subject land; pending decision before the respondent no. 2 authority in the interest of justice and equity;
(D) YOUR LORDSHIPS be pleased to grant such other and further Page 2 of 4 Uploaded by SHARMA KUMKUM MAHENDRA(HC02349) on Thu Apr 09 2026 Downloaded on : Thu Apr 09 23:53:32 IST 2026 NEUTRAL CITATION C/SCA/4741/2026 ORDER DATED: 09/04/2026 undefined relief's as deemed fit in the interest of Justice;"
3. By way of the present petition, the petitioner herein has challenged the impugned order dated 22.01.2026 passed by the respondent no. 3 - Mamlatdar & Executive Magistrate for directing the petitioner to evict the subject land being agricultural land of Survey No. 80 admeasuring 0H-22Are-26sq. Mts. situated at Village:
Zunzarpur, Taluka: Maliya Hatina, Dist: Junagadh. 3.1. Mr. Joshi, learned advocate submits that subsequent to the said order, the petitioner herein has made a detailed representation to the respondent no. 2 - Collector on 26.02.2026 for regularisation, mainly on the ground that the petitioner herein is occupying the land in question and in possession of the land since 1981. 3.2. Mr. Joshi, learned advocate upon instructions does not press prayer 21(A) to enable the petitioner to avail the statutory remedy under the Land Revenue Code, 1879, wherein, the subject matter is challenge to the order passed by the respondent no. 3 dated 22.01.2026 in that view of the matter, the representation dated 26.02.2026 duly produced at Annexure-B seeking regularisation of the subject land be decided by the respondent no. 2 as expeditiously as possible in the interest of justice, independently and in accordance with law within a period of 2 months from the date of receipt of this order.
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NEUTRAL CITATION C/SCA/4741/2026 ORDER DATED: 09/04/2026 undefined
4. With the aforesaid directions, the present petition is disposed of.
Direct service is permitted.
(VAIBHAVI D. NANAVATI,J) KUMKUM Page 4 of 4 Uploaded by SHARMA KUMKUM MAHENDRA(HC02349) on Thu Apr 09 2026 Downloaded on : Thu Apr 09 23:53:32 IST 2026