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Gujarat High Court
Bhaskarrai Vallabhram Joshi vs Keyurbhai C Sampat, Collector on 9 April, 2026
Author: Bhargav D. Karia
Bench: Bhargav D. Karia
NEUTRAL CITATION
C/MCA/1983/2023 ORDER DATED: 09/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 1983 of 2023
In R/SPECIAL CIVIL APPLICATION/25126/2022
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BHASKARRAI VALLABHRAM JOSHI
Versus
KEYURBHAI C SAMPAT, COLLECTOR & ORS.
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Appearance:
THAKKAR AND PAHWA ADVOCATES(1357) for the Applicant(s) No. 1
MS BHUMI GANDHI, AGP for the Opponent(s) No. 1,2,3
MR SATYEN B RAWAL(1630) for the Opponent(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
and
HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 09/04/2026
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)
1. Heard learned advocate Ms. Simran Pahwa for Thakkar
and Pahwa Advocates for the applicants and learned
Assistant Government Pelader Ms. Bhumi Gandhi for the
respondent nos. 1 to 3 and learned advocate Mr. Satyen B.
Rawal for respondent no.4.
2. By this application, the applicant original petitioner alleged
that the respondents have committed contempt of order
NEUTRAL CITATION
C/MCA/1983/2023 ORDER DATED: 09/04/2026
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dated 24.07.2023 passed in Special Civil Application
No.21024 of 2022 with Special Civil Application No.25126
of 2022.
3. It is alleged in the application that the respondents have
not complied with the undertaking filed before this Court
pursuant to order dated 24.07.2023. The directions issued
by this Court in order dated 24.07.2023 are as under:
"8. Special Civil Application No.25126 of 2022
preferred by respondent No.4 herein is allowed.
The respondent authorities are directed to
comply with the order dated 31.07.1992 passed
by the learned Collector which is confirmed in
the proceedings before the learned Gujarat
Revenue Tribunal and this Court as well as the
learned Division Bench of this Court. The
respondents are directed to take appropriate
steps for removal of illegal construction put up
by the petitioner Trust.
9. After passing of the order, learned advocate
Mr. P. S. Champaneri, upon instructions from
the President Mr. Hareshkumar K. Dave and
the Vice President Mr. Mukundbhai B. Jani,
submits that the petitioner Trust shall remove
the construction as directed by order dated
31.07.1992 within a period of four weeks at
their own costs and in any case on or before
21.08.2023. The said prayer is granted subject
to filing of the undertaking by the President and
the Vice President on the behalf of the Trust
stating that they will comply with the order
dated 31.07.1992 of the learned Collector on or
before 21.08.2023. The said undertaking shall
NEUTRAL CITATION
C/MCA/1983/2023 ORDER DATED: 09/04/2026
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be filed by the President and the Vice President
within a period of two days after serving the
copy to the other side. The said undertaking
shall be binding on the petitioner Trust. If the
said undertaking is not filed before the Registry
of this Court within a period of two days after
serving the copy to the other side, the
Respondents shall be at liberty to take
appropriate steps for removal of the said
construction immediately at the cost of the
petitioner Trust. The petitioner Trust, after
filing of the undertaking, shall file an affidavit of
compliance in the present proceedings within
one week from 21.08.2023. In case, no
undertaking is filed by the petitioner Trust as
enumerated herein above, the respondent
authorities shall be at liberty to take immediate
appropriate steps for removal of the said
construction and they shall file an affidavit of
compliance of the same."
4. Undertaking filed pursuant to the aforesaid order reads as
under:
"1. That in the above mentioned proceedings,
this Honourable Court (Coram: Honourable Mr.
Justice Aniruddha P. Mayee) had passed an
order dated 24.07.2023, wherein this
Honourable Court has directed the undersigned
herein, to file an undertaking stating that the
petitioner Trust shall remove the construction
as directed by the order dated 31.07.1992
within a period of four weeks at the cost of
Trust and in any case on or before 21.08.2023.
2. It is further submitted that the undersigned
herein undertakes that petitioner no. 1 trust
will comply with the order dated 31.07.1992 of
the Ld. Collector on or before 21.08.2023.
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C/MCA/1983/2023 ORDER DATED: 09/04/2026
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3. The undersigned also undertakes that the
Trust shall file an affidavit of compliance in the
present proceedings within one week from
21.08.2023.
4. I also undertake to serve the copy of present
undertaking upon the Assistant Government
Pleader.
The undersigned undertakes to act as per the
undertaking as directed by this Honourable
Court in the above mentioned Special Civil
Application."
5. Affidavit of compliance is also filed in Special Civil
Application No.21024 of 2022 in line of undertaking filed
by the respondent.
6. It appears that along with affidavit filed on behalf of
respondent no.2, copy of Panch Rojkam dated 21.08.2023
is placed on record. However, it is not specified in the said
affidavit as to whether Collector in the year 1992 recorded
6 rooms and one wall, is forming part of the structure in
compliance of the order and undertaking filed before this
Court. Thereafter additional affidavit is filed by respondent
no.2 and respondent no.4 specifying as under:
"(9) That what is being referred 'six rooms'
throughout in the long history of litigation in
last three decades in the breach of condition
proceedings, the said six-room were part of the
two storey building called the Aradhana
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C/MCA/1983/2023 ORDER DATED: 09/04/2026
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Bhawan and Annapurna Bhawan, which are
clearly referred at various levels of proceedings
and had already been pulled down by the
respondent No. 4 Trust as per the
UNDERTAKING and there is ample material on
the record of this contempt petition itself but
even then it is falsely stated that still one room
is not demolished which is nothing a complete
and deliberate lie with a view to abuse the
process of this contempt proceedings.
(10) Therefore, it is respectfully submitted that
in other words, the structure (referred as 'one
room') which was not part of breach of
condition case between the parties, is sought to
be surreptitiously treated to be subject breach
condition proceedings wherein the order dated
31-07-1992 has been passed and such
intention of the applicant is not only with
ulterior motive but is deliberately erring and
thereby resorting to misuse of the contempt of
process the jurisdiction.
(11) That, in nutshell Collector order qua the
Gnyati Wall, is no more in operation and
consequently the so-called non-compliance
being canvassed by the applicant regarding
GNYATI NI WALL and some other room, are
totally deliberate twisting of the undisputed
facts with view to get removed such structure/s
qua which order of Collector stood set aside qua
such part. Whereas the so-called one room is
nothing but an invented idea of one room so as
to apply it to some structure not being part of
the litigation."
7. In view of above averments, we are of the opinion that
order dated 24.07.2023 and undertaking placed before this
Court are complied with and there is no contempt of the
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C/MCA/1983/2023 ORDER DATED: 09/04/2026
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order passed by this Court as 6 rooms and wall is now
stated to be part of two-storeyed building which is already
demolished. Therefore, there is no willful and deliberate
disobedience of the order passed by this Court.
8. Misc. Civil Application stands disposed of.
(BHARGAV D. KARIA, J)
(L. S. PIRZADA, J)
RAGHUNATH R NAIR
