Panchayat encroachment notices must comply with Rule 55(2)’s hearing requirements.

The petitioner challenged notices dated 17 and 27 July 2026 directing removal of an alleged encroachment on Government land within two days and requiring documents supporting the petitioner’s claim to the property

The respondents raised factual allegations concerning the construction and the petitioner’s entitlement to the land, but did not dispute that the Rule 55(2) procedure had not been followed

Whether the notices directing removal of the alleged encroachment within two days could be acted upon without following the procedure under Rule 55(2), including providing an opportunity of hearing

Whether the petitioner was entitled to further time to produce documents supporting the claim to the property before the respondents took action

Section 105 of the Gujarat Panchayats Act, 1993 and Rule 55(2) of the Gujarat Panchayats (Procedure) Rules, 1997 were invoked in relation to action concerning the alleged encroachment; the Court noted that Rule 55(2) required an opportunity of personal hearing

The petitioner also relied on Wind Word India Ltd. v. Shree Tebhada Gram Panchayat, 2023(0)AIJEL-HC-245521

Although the respondents raised serious allegations about the land and its construction, they could not controvert that the procedure under Rule 55(2) had not been followed

Without deciding the parties’ competing claims on the merits, the Court addressed the procedural defect by treating the notices as show-cause notices and directing that the petitioner receive time to produce documents and an opportunity for a hearing through a representative

It directed that the notices dated 17 and 27 July 2026 be treated as show-cause notices, allowing the petitioner until 24 October 2026 to produce supporting documents and requiring that the petitioner’s representative be heard

If the petitioner failed to justify the claim against the allegation of encroachment, the respondents could take appropriate action in accordance with law after that date

No order as to costs was made