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.
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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)
NEUTRAL CITATION
C/CA/5067/2025 ORDER DATED: 13/10/2025
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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
NEUTRAL CITATION
C/CA/5067/2025 ORDER DATED: 13/10/2025
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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
NEUTRAL CITATION
C/CA/5067/2025 ORDER DATED: 13/10/2025
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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
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C/CA/5067/2025 ORDER DATED: 13/10/2025
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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
NEUTRAL CITATION
C/CA/5067/2025 ORDER DATED: 13/10/2025
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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
