R/SCR.A/3881/2025 ORDER DATED: 11/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 3881 of 2025 ========================================================== KAMARALI VAJIR ALI MOMIN Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 2,3 MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 11/09/2025 ORAL ORDER Present petition is filed under Article 226 of the Constitution of India read with Section 528 of the BNSS seeking following prayer: “This Honourable Court be pleased to direct the respondent No.2 District Vigilance Committee to forthwith direct the respondent No.3 Police Inspector, Vejalpur Police Station to register an offence against the accused named in the written complaint addressed to the District Vigilance Committee dated 01.08.2024 (Annexure-D to the petition);” As alternative statutory remedy is available 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 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 R/SCR.A/3881/2025 ORDER DATED: 11/09/2025 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. In view of above, present petition stands disposed of with direction to the respondent authority to inform the petitioner about the outcome of written complaint at Annexure-D to the petition. In case of any adverse outcome, petitioner shall have liberty to file appropriate proceeding before appropriate forum. 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 11/09/2025 18:14:08