Gujarat High Court
Naklank Tea Stall vs State Of Gujarat on 11 July, 2025
NEUTRAL CITATION
C/SCA/7498/2025 ORDER DATED: 11/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7498 of 2025
With
CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 7498 of 2025
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NAKLANK TEA STALL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR ASIT B JOSHI(2567) for the Petitioner(s) No. 1
MR FORUM BIMAL SUKHADWALA, AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 11/07/2025
ORAL ORDER
Order in Civil Application No.1 of 2025
Heard learned counsel for the petitioner.
Perused the averments. The Civil Application No.1 of 2025
is allowed.
Order in R/SPECIAL CIVIL APPLICATION NO. 7498 of 2025
Rule returnable forthwith. Learned AGP waives service of
notice of rule on behalf of respondents.
1. Heard learned counsel for the petitioner as well as learned
AGP for the respondents.
2. The learned counsel for the petitioner submits that the
petitioner had been issued show cause notice dated 17.04.2025
under Section 61 of the Gujarat Land Revenue Code and
accordingly, the petitioner was asked to remain present on
23.04.2025.
NEUTRAL CITATION
C/SCA/7498/2025 ORDER DATED: 11/07/2025
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2.1. The learned counsel for the petitioner submits that on the
said date, the petitioner had appeared before the authority and
sought for time to file reply as well as the documents in support
of the case of the petitioner.
2.2. The learned counsel submits that without giving any
opportunity of any further hearing, by order dated 03.05.2025,
the City Survey Superintendent - respondent No.2 has proceeded
to pass the impugned order dated 03.05.2025.
2.3. The learned counsel submits that even in the impugned
order, it has been observed that on 23.04.2025, the petitioner
had appeared and sought for time, but no written reply or
documents have been filed by the petitioner. He submits that
the proceedings under Section 61 of the Gujarat Land Revenue
Code have therefore, proceeded ex parte and without giving an
opportunity of hearing to the petitioner.
3. Per contra, the learned AGP submits that the show cause
notice was issued to the petitioner. Thereafter, the petitioner has
appeared before the competent authority for hearing. On the
said date, however, no reply or any documents was filed by the
petitioners. He therefore, submits that the impugned order
cannot be said to have been passed in the breach of the
principles of natural justice as opportunity was given to the
petitioner. He therefore, submits that no interference is called
NEUTRAL CITATION
C/SCA/7498/2025 ORDER DATED: 11/07/2025
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for in the impugned order dated 03.05.2025.
4. Considering the submissions, a perusal of the impugned
order dated 03.05.2025 shows that on the very first date of
hearing, the petitioner has appeared and not filed any reply/
documents in support of his case. The learned counsel for the
petitioner has contented that time was sought by the petitioner
to file his affidavit-in-reply as well as the documents in support of
his case, but however, the petitioner was never intimated of any
further date of hearing and the impugned order has been passed
behind his back. No doubt, the petitioner has appeared on the
first date of hearing i.e. on 23.04.2025.
4.1. Without entering into controversy as to whether, the
petitioner had sought time to file his affidavit-in-reply or no any
affidavit-in-reply or documents were filed by the petitioner on
the said date of hearing, this court is of the considered opinion
that before passing the impugned order for removal of
encroachment as alleged, the petitioner ought to have been
given a proper hearing by the respondent No.2 before
adjudicating show cause notice under Section 61 of the Gujarat
Land Revenue Code.
4.3. In view thereof, the impugned judgment and order is
quashed and set aside. The petitioner shall appear before the
respondent No.2 on 04.08.2025 at 3.00 pm. On the said date, the
petitioner shall file affidavit-in-reply / documents in support of
NEUTRAL CITATION
C/SCA/7498/2025 ORDER DATED: 11/07/2025
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his case to the show cause notice dated 17.04.2025. Respondent
No.2 shall, thereafter, fix the date of hearing, and on the said
date, the petitioner shall make his submissions before the
respondent No.2. Thereafter, the show cause notice shall be
adjudicated on its own merits in accordance with law, dealing
with all the contentions so raised by the petitioner herein, and
reasoned order shall be passed.
5. It is made clear that this Court not gone into the merits of
the case and no opinion is expressed thereon.
6. With the aforesaid observations and directions, the present
Special Civil Application is disposed of. Rule is made absolute to
the aforesaid extent. No order as to costs.
Direct service is permitted.
(ANIRUDDHA P. MAYEE, J.)
KUMAR ALOK
