Dhirubhai Ramabhai Vadher vs State Of Gujarat
2026 Latest Caselaw 2145 Guj

Citation : 2026 Latest Caselaw 2145 Guj
Judgement Date : 9 April, 2026

[Cites 2, Cited by 0]

Gujarat High Court

Dhirubhai Ramabhai Vadher vs State Of Gujarat on 9 April, 2026

Author: Vaibhavi D. Nanavati

Bench: Vaibhavi D. Nanavati

                                                                                                              NEUTRAL CITATION




                            C/SCA/4833/2026                                    ORDER DATED: 09/04/2026

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                               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                R/SPECIAL CIVIL APPLICATION NO. 4833 of 2026

                     ==============================================================
                                              DHIRUBHAI RAMABHAI VADHER
                                                         Versus
                                                STATE OF GUJARAT & ORS.
                     ==============================================================
                     Appearance:
                     MR ASIT B JOSHI(2567) for the Petitioner(s) No. 1
                     MS DEVANSHIBA RANA, AGP for the Respondent(s) No. 1,2,3
                     ==============================================================

                       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. 31 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. 238 admeasuring OH-13Are-15 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;

NEUTRAL CITATION

C/SCA/4833/2026 ORDER DATED: 09/04/2026

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(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. 31 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. 238 admeasuring OH-13Are-15 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. 238 admeasuring 0H-13Are-15 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

NEUTRAL CITATION

C/SCA/4833/2026 ORDER DATED: 09/04/2026

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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. 238 admeasuring 0H-13Are-15sq. 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.