C/SCA/7320/2025 ORDER DATED: 30/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 7320 of 2025 ============================================= JUSAB ABDULGANI KURESHI Versus STATE OF GUJARAT & ORS. ============================================= Appearance: MR DEVARSHI C SHAH(5545) for the Petitioner(s) No. 1 MS.SUMAN MOTLA, ASST.GOVERNMENT PLEADER for the Respondent(s) No. 1,4,5 MS SEJAL K MANDAVIA(436) for the Respondent(s) No. 3 ============================================= CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT Date : 30/09/2025 ORAL ORDER 1. This petition is filed seeking to quash and set aside the notice dated 30.04.2025 issued under Section 478(2) of the Gujarat Provincial Municipal Corporations Act, 1949 (‘the GPMC Act’ for short) whereby, the petitioner has been directed to remove unauthorized construction within the time stated therein. 2. Heard the learned advocate Mr.Devarshi C. Shah for the petitioner and the learned advocate Ms.Sejal Mandaviya for the respondent Jamnagar Municipal Corporation. 3. The learned advocate for the petitioner submitted that the notices are illegal and unjust because the same is without any name and is served to the petitioner. It is true that during pendency of this petition, the measurement was done and the C/SCA/7320/2025 ORDER DATED: 30/09/2025 property in question (a shop) was demolished. However, once the measurement of District Inspector of Land Record (DILR) was done, the petitioner raised his grievance and objected to the measurement done by the DILR. 4. In support of his submissions, the petitioner relied upon his objections addressed to the Collector, Jamnagar, Mamlatdar, Deputy Commissioner and Estate Officer of Jamnagar, wherein the dispute with regard to the DILR measurement has already been raised. 5. The learned advocate submitted that since the measurement was not correct, the demolition action taken, based on the DILR report, is not appropriate and the notice deserves to be quashed and set aside. 6. Opposing the petition, learned advocate Ms.Sejal Mandaviya for the respondent Jamnagar Municipal Corporation submitted that the action taken was under the provisions of the GPMC Act, whereby a prior notice was given calling upon the petitioner to provide documents available to within the time given. Despite that the petitioner did not appear to produce the relevant documents justifying his ownership of the land. Moreover, the long stay or long occupation would not justify the title over the property. Most importantly, during the pendency of the petition, the action after DILR measurement of the property in question was taken and the shop has been demolished and therefore, now the cause does not survive. C/SCA/7320/2025 ORDER DATED: 30/09/2025 7. Considering the above aspect that now the demolition has already been done in this case and noticing that the petitioner has raised a grievance with regard to the measurement done by the DILR authority, this Court, without going into the merits of the matter, is disposing of the petition. 8. It is open for the petitioner to challenge, if he wishes to do so, the DILR measurement done (at Annexure ‘F’, Page ‘27’) in accordance with law. With this, the present petition is disposed of. (MAUNA M. BHATT,J) SAHIL S. RANGER Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SAHIL SAMIULLA RANGER(HC01898), PRIVATE SECRETARY, at High Court of Gujarat on 30/09/2025 17:15:13