C/SCA/6792/2025 ORDER DATED: 08/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6792 of 2025 ========================================================== HIRIBEN RAMABHAI GODHANIYA Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR.KEYUR JALDEEP SHAH(14552) for the Petitioner(s) No. 1 PRASHANTKUMAR R SHARMA(8591) for the Petitioner(s) No. 1 MR NIKUNJ KANARA, ASST. GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 08/05/2025 ORAL ORDER 1. Heard learned advocate Mr.Prashantkumar Sharma appearing on behalf of the petitioner and learned Assistant Government Pleader Mr.Nikunj Kanara appearing on behalf of the respondent – State. 2. By way of this petition, the petitioner inter alia requests this Court that an application preferred by the petitioner dated 24.03.2025 to the District Collector, Porbandar for regularizing her occupation upon a parcel of land admeasuring 3-04-41 hector may be regularized though before such an application had been preferred, the competent authority being the Mamlatdar, Porbandar (Rural) having C/SCA/6792/2025 ORDER DATED: 08/05/2025 passed an order dated 06.01.2025 under Section 61 of the Gujarat Land Revenue Code directing the petitioner to vacate the premises in question and pay the requisite fine. 3. Considering the submission made by learned advocate Mr.Sharma and learned AGP Mr.Kanara and having perused the documents on record more particularly an order passed by the learned Coordinate Bench dated 31.01.2025 in Special Civil Application No.1382/2025 in almost similar circumstances, to this Court, it would appear that the request made by the petitioner is required to be considered. 3.1. It is also observed at this stage that vide the order referred to hereinabove, the learned Coordinate Bench was considering a case of similar nature where an application for regularization had been preferred post the order passed by the Mamlatdar under Section 61 of the Gujarat Land Revenue Code and whereas, the learned Coordinate Bench was of the opinion that the Collector concerned should consider the application of the petitioner therein for regularization and till such time, no further action as regards the proceedings under Section 61 should be permitted. Page 2 of 4 C/SCA/6792/2025 ORDER DATED: 08/05/2025 4. Considering the similarity of facts in the order passed by the learned Coordinate Bench, to this Court, the present petition requires consideration. Hence, the following directions:- (i) The Collector, Porbandar is directed to consider the application preferred by the petitioner for regularization of her occupancy upon government waste land bearing survey no.1064 for an area of 3-04-41 hector only, as requested by the petitioner. (ii) The consideration shall be done by the Collector within a period of three months from the date of receipt of this order. (iii) Till such time the Collector takes the final decision on the application preferred by the petitioner, there shall not be any further action undertaken by the Mamlatdar, Porbandar (Rural) pursuant to order dated 06.012025 passed by the Mamlatdar under Section 61 of the Gujarat Land Revenue Code. (iv) The Collector is directed to consider the application strictly in accordance with law and in accordance with the extant policy of the State Government and whereas, it is C/SCA/6792/2025 ORDER DATED: 08/05/2025 clarified that this Court has not opined on the merits of the application. 5. With these observations and directions, the present petition stands disposed of as partly allowed. (NIKHIL S. KARIEL,J) Bhoomi Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 08/05/2025 18:33:00