Punjabhai Devrajbhai Rada vs The State Of Gujarat
2025 Latest Caselaw 5194 Guj

Gujarat High Court

Punjabhai Devrajbhai Rada vs The State Of Gujarat on 26 June, 2025

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                             C/SCA/8559/2025                                     ORDER DATED: 26/06/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                      R/SPECIAL CIVIL APPLICATION NO. 8559 of 2025

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                                                 PUNJABHAI DEVRAJBHAI RADA
                                                            Versus
                                                 THE STATE OF GUJARAT & ORS.
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                      Appearance:
                      MR KP CHAMPANERI(5643) for the Petitioner(s) No. 1
                      MR JAYNEEL PARIKH AGP for the Respondent(s) No. 1,2,3,4,5,6
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                         CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                                                             Date : 26/06/2025
                                                              ORAL ORDER

1. The present writ petition has been filed praying for the following reliefs:-

"7(A) This Hon'ble Court may kindly be pleased to admit and allow the present petition.

(B) This Hon'ble Court may kindly be pleased to issue the writ of mandamus or any other appropriate writ, order or directions to quash and set aside the impugned notice, Annexure-E, dated: 23.06.2025 issued jointly by respondent no.2, 3 and 4 herein and further be pleased to declare that the same is illegal, null and void.

(C) This Hon'ble Court will be pleased to issue a writ of mandamus or any other appropriate writ, order or direction and be pleased to direct the respondents not to initiate proceeding u/s 202 of Gujarat Land Revenue Code, till and pending the hearing and final disposal off proceedings pending before Ld. Special Secretary, Revenue Department for regularization of the occupation of the petitioner herein.

(D) This Hon'ble Court will be pleased to issue a writ of mandamus or any other appropriate writ, order or direction and be pleased to direct the respondents to decide the revision application filed u/s 211 of The Gujarat Land Revenue Code, for regularization of the occupation, pending before Ld. Special Secretary, Revenue Department, expeditiously.

(E) Pending admission and final disposal of the present petition, this Hon'ble Court will be pleased to stay the implementation, operation and

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execution of the impugned notice, Annexure-E, dated: 23.06.2025 issued jointly by respondent no.2, 3 and 4 herein, till and pending hearing and final disposal of present petition."

2. It is the case of the petitioner that the petitioner is occupying an agricultural field situated at Survey No.391 paiki in Junagadh City. That the petitioner came to be served with a notice under Section 61 of the Gujarat Land Revenue Code ["Code" for short] calling upon him to show cause as to why his unauthorized encroachment should not be removed. That the said proceedings culminated in passing of the order dated 16.04.2025 by the City Survey Superintendent, Junagadh and Mamlatdar, Junagadh City whereby the petitioner came to be declared as an encroacher upon the Government land. It was further observed that the proceedings under Section 202 of the Code would be initiated against the petitioner for removing the encroachment in question. In the meantime, the petitioner made an application dated 12.07.2021 to the Collector, Junagadh with respect to regularization of the land encroached upon by the petitioner. Since the said application was not being decided in view of the proceedings sought to be initiated under Section 202 of the Code. The petitioner, therefore, approached this Court by way of filing the Special Civil Application No.5142 of 2025 which came to be disposed of vide order dated 23.04.2025 directing the Collector to consider and decide the case of the petitioner for regularization of the encroached property in question as expeditiously as possible. It was further directed that no proceedings for initiation of execution of the order dated 16.04.2025 under Section 202 of the Code shall be taken till the said application of the petitioner is decided. By order dated 11.06.2025, the Collector was pleased to reject the said

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application for regularization of the encroached land in question. That thereafter the petitioner has been served with a show cause notice dated 23.06.2025 under Section 202 of the Code calling upon him to vacate the encroached agricultural land in question within a period of 3 days from the date of notice.

Aggrieved, the petitioner has filed the present Special Civil Application.

3. Mr. K.P.Champaneri, learned counsel for the petitioner submits that the impugned show cause notice has been issued without any authority of law. He submits that the impugned notice grants only 3 days time to the petitioner to vacate the encroached premises. He submits that the authorities ought to have waited for the period of limitation to be over in respect of the challenge to the order dated 11.06.2025. He submits that the impugned notice is in violation of the procedure prescribed and therefore, the same deserves to be quashed and set aside. He submits that the petitioner is deprived of his statutory right of appeal / revision by issuance of impugned show cause notice. He further submits that there are other encroachers also, however, show cause notice for vacating the premises has not been served on the other persons and the authorities have adopted pick and choose approach. In support of his contention, he has also relied upon the judgment of the Apex Court in In Re:- Directions in the matter of Demolition of Structures , Writ Petition (C) No.295 of 2022 and connected matters decided on 13.11.2024. He submits that the Hon'ble Apex Court has held that atleast 15 days notice ought to be given to the person whose house is proposed to be demolished by the authorities. He submits that the present impugned notice is in contravention of

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law as laid down by the Hon'ble Apex Court. He, therefore, submits that the present writ petition be allowed.

4. Per contra, Mr. Jayneel Parikh, learned AGP appearing for the respondent authorities submits that the authorities have followed due procedure under the Code. He submits that the petitioner is an encroacher on Government land. He submits that due notice under Section 61 of the Code was issued to the petitioner in the year 2021 and thereafter, the petitioner has filed his reply and placed the documents on record and after following principles of natural justice, the respondent authorities have passed the order dated 16.04.2025 declaring the petitioner to be encroacher on the Government land. Pending the proceedings, the petitioner had also filed application for regularization of his encroachment, which came to be rejected by the Collector, Junagadh on 11.06.2025. That thereafter, the respondent authorities have issued notice under Section 202 of the Code to vacate the encroached subject Government land. He submits that due procedure has been followed by the authorities under the Code for evicting the petitioner from the encroachment made by him on the Government land. He submits that the petitioner has also not challenged the order under Section 61 of the Code and thus till date, the same has become final. He submits that the present writ petition may be dismissed.

5. Heard the learned counsels for the parties and perused the documents on record.

6. It is not in dispute that the petitioner is an encroacher on the Government land bearing Survey No.391 paiki. Due notice

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was issued to the petitioner under Section 61 of the Code. Due opportunity was given to the petitioner to file his reply and the documents in support of his case. Simultaneously, pending the proceedings, the petitioner also made an application for regularization of the encroached Government land to the Collector, Junagadh. That another notice came to be issued to the petitioner on 04.04.2025 for hearing and accordingly, order dated 16.04.2025 came to be passed by the respondent authorities under Section 61 of the code. Since the application for regularization of the encroachment by the petitioner was not being considered by the Collector, this Court had also vide the said order directed the Collector to decide the application of the petitioner within a stipulated time and at the same time directed the respondent authorities not to initiate further proceedings under Section 202 of the Code for eviction of the petitioner. The said representation came to be decided and rejected by the Collector, Junagadh on 11.06.2025. That thereafter the respondent authorities have issued notice dated 23.06.2025 impugned herein under Section 202 of the Code calling upon the petitioner to vacate the encroached subject land in question failing which he shall be evicted from the subject land by the authorities.

7. From the documents which are placed on record, this Court is of the considered opinion that the respondent authorities have followed due procedure under Sections 61 and 202 of the Code. The authorities have also followed the principles of natural justice. The petitioner has been given full opportunity of hearing. Further, it is also pertinent to note that the order under Section 61 of the Code dated 16.04.2025 has not been

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challenged by the petitioner before any appropriate forum. Though the petitioner has made a prayer in the present writ petition for a direction to decide the revision application of the petitioner filed under Section 211 before the learned Special Secretary, Revenue Department, however, no details have been furnished either in the memo of the writ petition or in the prayer itself. The said prayer is vague and without necessary details.

8. As far as the reliance of the learned counsel for the petitioner on the decision of the Apex Court in In Re:- Directions in the matter of Demolition of Structures , Writ Petition (C) No.295 of 2022 and connected matters decided on 13.11.2024 is concerned, the same has been rendered in cases where the properties of the persons who are accused of committing certain crimes or convicted for commission of criminal offences are being demolished without following due procedure of law. In the considered opinion of this Court, the said judgment is not applicable in the facts and circumstances of the present case where appropriate action for removal of encroachment of Government land has been duly undertaken under the Code and provisions have also been adhered to.

In view of the aforesaid observations, the present Special Civil Application is devoid of merits and is, accordingly, dismissed. No order as to costs.

(ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN