logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide
24

  •            

 
CDJ 2026 GHC 269 print Preview print Next print
Court : In the High Court of Gujarat at Ahmedabad
Case No : R/Special Civil Application No. 8223 Of 2026
Judges: THE HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Parties : Modhvadiya Savdas Jethabhai Versus State Of Gujarat & Others
Appearing Advocates : For the Petitioner: Keyur Jaldeep Shah(14552), Dhruti R. Makadia(19676), Prashantkumar R. Sharma(8591), Advocates. For the Respondents: Mitul Gautam, AGP.
Date of Judgment : 17-06-2026
Head Note :-
Gujarat Land Revenue Code - Section 202 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Gujarat Land Revenue Code, Section 202
- Gujarat Land Revenue Code, Section 61

2. Catch Words:
Encroachment, Regularization, Notice under Section 202, Abeyance, Removal of encroachment

3. Summary:
The petitioner challenged a notice issued under Section 202 of the Gujarat Land Revenue Code demanding removal of an encroachment on government waste land. The petitioner had earlier been ordered by the Mamlatdar under Section 61 to remove the encroachment and had applied to the Collector for regularisation, which was rejected. A representation to the State Government filed on 16 January 2026 remained pending. The learned AGP argued that the Section 61 order was final and the notice could not be stayed. The Court held that the State Government must decide the pending regularisation application within four weeks and communicate its decision. Until such decision is communicated, the notice of 9 June 2026 will remain in abeyance. Accordingly, the special civil application was disposed of with these directions.

4. Conclusion:
Petition Allowed
Judgment :-

Oral Order

1. Rule returnable forthwith. The learned AGP waives service of notice of rule for the respondent Nos.1 to 3.

2. By the present Special Civil Application, the petitioner is challenging the notice dated 09.06.2026 issued under Section 202 of the Gujarat Land Revenue Code, calling upon the petitioner to remove the encroachment on the government waste land in respect of survey No.1064 for the land admeasuring 19332 sq. mtrs., failing which, the same shall be removed within 7 days by the concerned authorities.

3. The learned counsel submits that the learned Mamlatdar has passed final order under Section 61 of the Gujarat Land Revenue Code vide order dated 21.03.2025, calling upon the petitioner to remove the encroachment and further penalty has also been imposed on the petitioner.

          3.1 The learned counsel further submits that on 24.03.2025, the petitioner had made an application to the Collector for regularization of the land being occupied by the petitioner on the government waste land. He submits that by order dated 03.11.2025, the Collector has rejected the application for regularization. Thereafter, the petitioner has filed representation to the State Government on 16.01.2026. He submits that the same is pending consideration. The learned counsel submits that since the Collector did not have the power for regularization, the State Government may be directed to decide the application for regularization before any action is taken under Section 202 of the Gujarat land Revenue Code.

4. The learned AGP submits that the order under Section 61 of the Gujarat Land Revenue Code came to be passed on 21.03.2025 (Annexure-D) and sufficient time was granted to the petitioner for challenging the same. The petitioner has not challenged the said order and therefore, the said order under Section 61 of the Gujarat Land Revenue Code has become final. She submits that the petitioner moved an application for regularization of the land and the same has also been rejected. She submits that the respondent authorities are justified in removing the encroachment on the government waste land by issuing notice under Section 202 of the Gujarat Land Revenue Code. The learned AGP further submits that the petitioner has preferred a representation before the State Government only after the issuance of the notice under Section 202 of the Gujarat Land Revenue Code. She, therefore, submits that the present writ petition may not be entertained.

5. Considered the submissions of the petitioner and the learned AGP. In the facts and circumstances of the present case and in the considered opinion of this Court, the following order is passed:

          (i) The appropriate authority in the Revenue Department, Government of Gujarat shall decide the application of the petitioner dated 16.01.2026 within a period of 4 weeks from today, on its own merits, in accordance with law.

          (ii) The said decision of the State Government on such application shall be communicated to the petitioner within one week. After the communication of the decision of the State Government, the respondent authorities, shall thereafter, take appropriate steps in accordance with law in terms of the impugned notice dated 09.06.2026. Till the decision is taken by the State Government and communicated to the petitioner, the impugned notice dated 09.06.2026 shall remain in abeyance.

6. With the aforesaid direction, the Special Civil Application stands disposed of.

Rule is made absolute to the aforesaid extent. Direct service is permitted today.
 
  CDJLawJournal