R/SCR.A/7097/2025 ORDER DATED: 25/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 7097 of 2025 ========================================================== DHARMESHBHAI DHIRUBHAI THAKOR Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR DEEP S CHACHAN(10738) for the Applicant(s) No. 1 MR PRAKASHKUMAR R VAGHELA(12012) for the Applicant(s) No. 1 MR RAJESHKUMAR M VAGHELA(10099) for the Applicant(s) No. 1 MR MANAN MAHETA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 25/06/2025 ORAL ORDER When the matter is called out, learned advocate for the petitioner is not present however with the assistance of learned APP, petition is taken up for hearing. [1.0] By way of present petition under Article 226 of the Constitution of India, the petitioner has sought for the direction to the respondent authority to decide the application dated 28.06.2024 of the petitioner and to register the complaint against private respondent Nos.4 to 6 under the provisions of the Land Grabbing Act and to remove the encroachment. [2.0] Learned advocate for the petitioner has submitted that the petitioner has approached respondent authority by way of complaint, but nothing has been done. [3.0] Perusing the nature of allegations and as the petitioner intends to file a complaint, prima facie, it appears that as to whether offence R/SCR.A/7097/2025 ORDER DATED: 25/06/2025 is made out or not itself is a question of fact and hence, no case to issue any direction in exercise of power under Article 226 is made out. [4.0] Hence, present petition is disposed of however, after taking into consideration the complaints and other materials, if any, if the respondent authority is of the view that the same discloses commission of a cognizable offence, then appropriate directions be issued for registration of the FIR forthwith at the concerned Police Station. However, the Police Inspector, if after going through the materials, is of the view that no case is made out for registration of the FIR, then in such circumstances, he shall inform the petitioner in writing about the same by assigning reasons in brief, preferably within a period of four weeks from today. [5.0] With the above observation, present petition stands disposed of. (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 25/06/2025 18:44:09