MANGALPRAVESH PHULBADAN RAJPUT vs STATE OF GUJARAT

Court
Gujarat High Court

C/SCA/11862/2026 JUDGMENT DATED: 15/10/2026
(GJHC240593412026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11862 of 2026

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE PRANAV TRIVEDI
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Approved for Reporting Yes No
✔
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MANGALPRAVESH PHULBADAN RAJPUT
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR SP MAJMUDAR with MS KRISHNA S SHAH(13157) for the Petitioner(s) No. 1
MS HIMANI SHAH ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No.
1
KRUPALI N BHATT(9455) for the Respondent(s) No. 2,3
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CORAM : HONOURABLE MR. JUSTICE PRANAV TRIVEDI

Date : 15/10/2026

ORAL JUDGMENT
1. Rule returnable forthwith. Learned Assistant Government
Pleader Ms. Himani Shah waives service of notice of rule on behalf of
the respondent no. 1 and learned advocate Ms. Krupali Bhatt waives
service of notice of rule on behalf of respondent nos. 2 and 3. With
the consent of the parties, the matter is taken up for hearing today
itself.
2. This petition is filed challenging the notice issued to the
petitioner on 17.07.2026 as well as 27.07.2026 directing them to
remove encroachment on the Government land within a period
period two days.
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C/SCA/11862/2026 JUDGMENT DATED: 15/10/2026
(GJHC240593412026)
3. Heard learned advocate Mr. S.P. Majmudar assisted by learned
advocate Ms. Krishna Shah appearing for the petitioner,learned
Assistant Government Pleader Ms. Himani Shah appearing for
respondent no.1 and learned advocate Ms. Krupali Bhatt appearing
for the respondent nos. 2 and 3.

4. Learned advocate Mr. S.P. Majmudar submitted that though
the writ petition is preferred on merits, the case of the petitioner
would be satisfied at this juncture if the notices are acted upon as
per the procedure laid down under Section 105 of the Gujarat
Panchayats Act, 1993 (hereafter referred to as the “Act”) and Rule
55(2) of the Gujarat Panchayats (Procedure) Rules, 1997 (hereinafter
referred to as the “Rules”). It has been categorically admitted by
learned advocate Mr. Majmudar that limited grievance at this
juncture would only be qua non-granting of opportunity of personal
hearing to the petitioner which is mandated as per the provisions of
Rules 55 (2) of the Rules.
5. Learned advocate Mr. Majmudar has relied upon the decision
of this Court in the case of Wind Word India Ltd. v. Shree
Tebhada Gram Panchayat reported in 2023(0)AIJEL-HC-245521.
6. Opposing the present petition, learned advocate Ms. Mrunali
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C/SCA/11862/2026 JUDGMENT DATED: 15/10/2026
(GJHC240593412026)
Bhatt appearing for the Solsumba Gram Panchayat submitted that
there are serious issues about entitlement of the rights of the
petitioner on the subject land. In the reply affidavit appended at page
49 categorical factual assertions are made with regard to the
wrongdoing of the Sarpanch of the Solsumba Gram Panchayat as
well as the manner in which the building on Government land was
constructed by the erstwhile Sarpanch of the Solsumba Gram
Panchayat with an intention to de-fraud the state exchequer.
Categorical assertions are also made on the factual aspect as well as
subsequent steps taken by the District Development Officer.
However, learned advocate Ms. Bhatt was not in a position to
controvert the fact that the procedure as envisaged under Rule 55 (2)
of the Rules was not followed. In that view of the matter, she has
submitted appropriate orders may be passed.
7. Considered the aforesaid submissions and the documents
placed on record. It is noticed that the petitioner has been issued
notices dated 17.07.2026 and 27.07.2026 directing them to remove
encroachment within a period of two days. Under the said Notices,
time has been provided to produce necessary documents in support
of the rights of property if he had. It is also noticed that no
documents have been produced along with the present petition
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C/SCA/11862/2026 JUDGMENT DATED: 15/10/2026
(GJHC240593412026)
justifying the rights to the said shop.
8. However, noticing that the petitioner’s sole grievance is with
regard to procedure not followed and breach of principles of natural
justice by not providing sufficient time, without going into the merits
of the matter, following directions are issued:
(i) Notices dated 17.07.2026 and 27.07.2026 are directed to be
treated as Show Cause Notices granting seven days’ time, which
would end on 24.10.2026, to the petitioner to produce documents
in support of the claims, if he has. The hearing shall be provided to
the representative of the petitioner.
(ii) Noticing that allegation of respondents is encroachment on
Government land and if the petitioner failed in justifying the non-
encroachment, it is open for the respondents to take appropriate
action in accordance with law after 24.10.2026.
9. With the above directions, the present petition is disposed of.
Rule is made absolute to the above extent with no order as to cost.
(PRANAV TRIVEDI,J)
phalguni
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