C/SCA/14599/2025 ORDER DATED: 15/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14599 of 2025 ========================================================== JIDHRAN GULAMKADIR TABISHBHAI & ORS. Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR MTM HAKIMM ADVOCATE for MR. EZZAZUDDIN B HUSENI(18638) for the Petitioner(s) No. 1,2,3,4,5,6 RIZWAN SHAIKH(7146) for the Petitioner(s) No. 1,2,3,4,5,6 MR SAHIL TRIVEDI, AGP for the Respondent(s) No. 1,2,4,5 ========================================================== CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT Date : 15/10/2025 ORAL ORDER 1. This petition is filed challenging notice issued to all the petitioners individually on 10.10.2025, directing them to remove encroachment on the public road within a period of two days. 2. Heard learned advocate Mr.MTM Hakim for the petitioners and learned Assistant Government Pleader Mr. Sahil Trivedi for the respondent Nos.1 & 2. 3. Learned advocate for the petitioners submitted that notices dated 10.10.2025 issued to individual petitioners are bad in law since under the said notices, the petitioners have C/SCA/14599/2025 ORDER DATED: 15/10/2025 been given only two days’ time to remove encroachment. Learned advocate also disputed earlier notices issued to the petitioners to submit that no opportunity was provided to the petitioners to justify their cases. Further, the petitioners are in occupation of the said premises since many years and they are doing their businesses. However, on account of paucity of time, they are unable to produce documents called for by the respondents. Referring to second proviso to sub-section (2) of section 105 of the Gujarat Panchayats Act, learned advocate Mr.Hakim submitted that the said section for removal of obstruction or encroachment on public street and on public site refer to some procedure to be followed and admittedly, in the present case, the said procedure being not followed, the notices deserve to be quashed and set aside. 3.1 Further, learned advocate has relied on Rule 55 of Gujarat Panchayats (Procedure) Rules, 1997 to submit that for taking any action under section 105 of the Gujarat Panchayats Act, procedure as prescribed under Rule 55 of the Rules have to be followed. Learned advocate relied upon the decision in the case of Wind World India Ltd. V/s. Shree Tebhada Gram Panchayat reported in 2023(0) AIJEL-HC-245521. Learned advocate Mr. Hakim further submitted that there happened some communal incidents in Navratri, 2025 in the area, where petitioners’ shops are situated and this is offsuit of that C/SCA/14599/2025 ORDER DATED: 15/10/2025 incident. 4. Considered the submissions and documents on record. It is noticed that the petitioners have been issued individual notices dated 10.10.2025 directing them to remove encroachment within a period of two days. Under the said notices, time has been provided to produce necessary documents in support of their rights of property if they have. It is also noticed that the notice issued to petitioner No.2 refers to earlier notices and no documents have been produced along with the present petition justifying their rights to the said shops. So far as other encroachment on public road has already been demolished and only petitioners’ shops have not been taken for demolition considering pendency of the petition. 5. However, noticing that the petitioners’ sole grievance is with regard to procedure not followed and breach of principles of natural justice by not providing sufficient time, without going into the merits of the matter, following directions are issued: 5.1 Notices dated 10.10.2025 are directed to be treated as Show Cause Notices granting eleven days’ time, considering the festivities of Diwali which would end on 27.10.2025, to the petitioners to produce documents in support of their claims, if C/SCA/14599/2025 ORDER DATED: 15/10/2025 they have. The hearing shall be provided to the representative of the petitioners. 5.2 Noticing that allegation of respondent is encroachment on public road and the petitioners failed in justifying their non- encroachment, it is open for the respondents to take appropriate action in accordance with law after 10.10.2025. 5.3 The parties are directed to maintain status quo till 27.10.2025. 6. With the above directions, the present petition is disposed of. Direct service is permitted. (MAUNA M. BHATT,J) SHRIJIT PILLAI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PILLAI SHRIJIT P(HC01400), PRIVATE SECRETARY, at High Court of Gujarat on 16/10/2025 15:26:22