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2025 DAILYLAW 2563 (GUJ)

CHHAGANBHAI VERSHIBHAI RABARI v. STATE OF GUJARAT

SCR.A/6008/2025 · 2025-09-10

Hasmukh D Suthar

body2025

Judgment text

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R/SCR.A/6008/2025 ORDER DATED: 10/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 6008 of 2025 ========================================================== CHHAGANBHAI VERSHIBHAI RABARI Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR KISHAN R CHAKWAWALA(9846) for the Applicant(s) No. 1 MR VIRAJ HARGOVIND DESAI(14245) for the Applicant(s) No. 1 MS MEGHA CHITALIYA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 10/09/2025 ORAL ORDER Present petition is filed under Articles 226 and 227 of the Constitution of India requesting to quash and set aside the report / order dated 31.01.2024 passed by the respondent No.2 and 3 authority in the complaint / application / representation of the petitioner tendered via online portal on 31.01.2023 which came to be registered as Land Grabbing Registration No.47 of 2023. 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 petitioner has an efficacious alternative remedy of approaching the R/SCR.A/6008/2025 ORDER DATED: 10/09/2025 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 liberty in favor of the petitioner to file appropriate proceeding before appropriate forum if he disagrees with the decision of SIT constituted 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. (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 10/09/2025 15:18:32