[Cites 2, Cited by 0]
Gujarat High Court
Bhuriya Nanjibhai S/O Panglabhai vs State Of Gujarat on 30 March, 2026
NEUTRAL CITATION
C/SCA/14449/2024 JUDGMENT DATED: 30/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14449 of 2024
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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Approved for Reporting No Yes
✔
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BHURIYA NANJIBHAI S/O PANGLABHAI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR ARTH V PARGHI(11292) for the Petitioner
MR VD PARGHI(568) for the Petitioner
MR ADITYA DAVDA AGP for the Respondents
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 30/03/2026
JUDGMENT
1. RULE returnable forthwith. Learned Assistant Government
Pleader waives service of notice of rule on behalf of the respondents.
2. With the consent of learned counsel appearing for the
respective parties, the present petition is taken up for final hearing.
3. Present petition is filed by the petitioner under Articles 226 of
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C/SCA/14449/2024 JUDGMENT DATED: 30/03/2026
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the Constitution of India and under the provisions of the Scheduled
Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006 and under the provisions of the Scheduled Tribes
and Other Traditional Forest Dwellers (Recognition of Forest Rights)
Act, 2008 seeking following reliefs:-
(A) YOUR LORDSHIP may be pleased to admit and allow
this petition.
(B) YOUR LORDSHIP may be pleased to issue a writ of
mandamus or any other appropriate writ, order or
direction in nature of mandamus directing the State
Authorities that the physical possession of land
bearing Survey No. 230 paiki 6, admeasuring 5 Acre
15 Gunthas out of total admeasuring 11 - 45 - 27 H -
R - A situated at Village - Navanagar, Tal. Dhanpur,
District: Dahod be allotted to the petitioner as per
rules and regulations of the government and also
directing the Forest Department not to disturb the
possession in the land of the petitioner bearing
Survey No. 230 paiki 6, admeasuring 5 Acre 15
Gunthas out of total admeasuring 11 - 45 - 27 H - R -
A situated at Village - Navanagar, Tal. Dhanpur,
District: Dahod.
(C) YOUR LORDSHIP may be pleased to issue a writ of
mandamus directing to the respondents to undertake
the procedure for compliance against the order issued
by State Government to the petitioners and handover
the possession of land to the petitioners bearing
Survey No. 230 paiki 6, admeasuring 5 Acre 15
Gunthas out of total admeasuring 11 - 45 - 27 H - R -
A situated at Village - Navanagar, Tal. Dhanpur,
District: Dahod forthwith.
(D) Be pleased to pass such other and further relief that is
just, fit and expedient in the facts and circumstances
of the case, in favour of the petitioners.
4. Heard learned counsel for the petitioner and learned Assistant
Government Pleader for the respondents. Perused the material placed
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C/SCA/14449/2024 JUDGMENT DATED: 30/03/2026
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on record.
5. Learned counsel appearing for the petitioner, submitted that
the petition has been filed seeking direction to the State authorities to
allot physical possession of the land as per the applicable rules and
regulations of the government, coupled with the direction to the
forest department not to disturb the possession.
6. Learned Assistant Government Pleader, submitted that as per
the Schedule Tribes and other Traditional Forest Dwellers (Recognition
of Forest Rights) Act, 2006 read with the Schedule Tribes and other
Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007
(hereinafter referred to as the "Rules of 2007"), an inbuilt mechanism
is provided for the forest rights of the claimants. It is submitted that
the form, initially, is to be submitted to the Gram Sabha who, in turn,
after collecting all the necessary details, will submit it to the Forest
Rights Committee which, in turn, will take steps in accordance with
the provisions of Rule 12 of the Rules of 2007 and thereafter, will
submit it to the Gram Sabha and/or the authority concerned which,
thereafter, will pass a resolution either approving or rejecting the
rights and if any person is aggrieved by the resolution of the Gram
Sabha, the remedy available to the person concerned, is to file a
petition to the Sub-divisional Level Committee and it will take steps as
per the provisions of Rule 14 of the Rules of 2007 and further remedy,
is available of filing a petition to the District level Committee.
Therefore, it will be open to the petitioner to take steps in accordance
with the provisions of the Act read with the Rules of 2007.
7. Learned counsel for the petitioner, submitted that the
petitioners, if have not filed any application, shall file the application
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C/SCA/14449/2024 JUDGMENT DATED: 30/03/2026
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with the Gram Sabha and let the Gram Sabha and the Forest Rights
Committee, take decision in accordance with the provisions of the
Rules of 2007.
8. In view of the above, the petition, is disposed of with a liberty to
the petitioner to make an application in accordance with the Rules of
2007, with a further direction to the Gram Sabha and the Forest
Rights Committee, to take steps and/or decision in accordance with
the Rules of 2007 as early as possible preferably within a period of
twelve months from the date of receipt of the application. Rule is
made absolute to the aforesaid extent. There shall be no order as to
costs. Direct service is permitted.
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
