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2025 DAILYLAW 2219 (GUJ)

MANSUKHBHAI JIVABHAI MAKWANA v. STATE OF GUJARAT

SCR.A/3272/2025 · 2025-07-15

Hasmukh D Suthar

body2025

Judgment text

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R/SCR.A/3272/2025 ORDER DATED: 15/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 3272 of 2025 ========================================================== MANSUKHBHAI JIVABHAI MAKWANA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR NIRAV C THAKKAR(2206) for the Applicant(s) No. 1 MR KRUTIK PARIKH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 15/07/2025 ORAL ORDER [1.0] By way of present petition, the petitioner prays for direction directing the Respondent authorities to lodge the FIR under relevant provisions of the Gujarat Land Grabbing (Prohibition) Act, 2020, pursuant to the representations dated 29.07.2024 and 01.01.2025 of the petitioner. [2.0] Learned advocate for the petitioner has submitted that the petitioner has approached respondent authority by way of representations dated 29.07.2024 and 01.01.2025, but nothing has been done. [3.0] Perusing the nature of allegations, it appears that the petitioner intends to file a complaint under the provisions of the Gujarat Land Grabbing (Prohibition) Act, 2020 however, it is pertinent to note that as the grievance pertains to registration of complaint under the Gujarat Land Grabbing (Prohibition) Act, 2020, in view of decision dated 25.01.2023 of the coordinate Bench of this Court in the case of Jayantilal Laxmishankar Pandya vs. State of Gujarat rendered in R/SCR.A/3272/2025 ORDER DATED: 15/07/2025 Special Civil Application No.18 of 2023, this Court cannot entertain the writ petition in wake of the detail and exhaustive procedure prescribed under Section 9 of the Land Grabbing Act and the powers conferred to Special Court under Section 10 of the Land Grabbing Act for examining the offence of the land grabbing. Even otherwise, the petitioner has an efficacious alternative remedy of approaching the Special Court by filing an application for the alleged offence of land grabbing committed by the proposed accused. [4.0] In view of above, present petition stands disposed of with liberty in favor of the petitioner to approach the Court designated under the provisions of the Gujarat Land Grabbing (Prohibition) Act, 2020. It is hereby made clear that this Court has not examined the merits of the case. Direct service is permitted. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 15/07/2025 18:20:59