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2026 DAILYLAW 2441 (GUJ)

DAMOR MATHUBHBAI VIRSING v. THE STATE OF GUJARAT

SCA/10355/2026 · 2026-07-30

Nirzar S Desai

body2026

Judgment text

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C/SCA/10355/2026 ORDER DATED: 30/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO.10355 of 2026 ========================================================== DAMOR MATHUBHBAI VIRSING Versus THE STATE OF GUJARAT & ORS. ========================================================== Appearance : MR KIRTI V BODAT & MR. VANRAJSINH M DAMORE for the Petitioner. MR ANGESH A. PANCHAL, AGP for the Respondent Nos.1,2,3,4,5,6,7 ========================================= CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 30/07/2026 ORDER 1. Leave to add Muvaliya Gram Sabha as party – respondent No.8. Necessary amendment be carried out forthwith. 2. Heard learned Advocate Mr. Vanrajsinh Damor for the petitioner and learned Assistant Government Pleader Mr. Nikunj Kanara for the respondent – State. 3. By way of this petition, the petitioners have prayed for following reliefs :- “(A) Your Lordships may be pleased to admit and allow this petition; (B) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in nature of mandamus directing the State Authorities to hand over / allot the land of 7 acres situated near Survey No.163+164, khata C/SCA/10355/2026 ORDER DATED: 30/07/2026 No.228 situated at Village: Muvaliya, Taluka : Dahod, District : Dahod as per rules and regulations of the Government. (C) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order of direction in nature of mandamus directing the State Authorities to undertake the procedure for compliance against the order issued by the State Government to the petitioner and further be pleased to direct the Sub Divisional Committee constituted under the FRC, 2006 to decide the issue in accordance with law; (D) Pending, Admission and Final Disposal of this petition, Your Lordships may be pleased to direct the Forest Department not to disturb the possession of the land of 7 acres situated near Survey No.163+164, khata No.228 situated at Village: Muvaliya, Taluka : Dahod, District : Dahod; (E) Pending, Admission and Final Disposal of this petition, Your Lordships may be pleased to direct the respondent authorities to consider the representation of the petitioner dated 25.08.2009 in connection with the land of 7 acres situated near Survey No.163+164, khata No.228 situated at Village: Muvaliya, Taluka : Dahod, District : Dahod;” 4. However, at the outset, learned Advocate Mr. Damor C/SCA/10355/2026 ORDER DATED: 30/07/2026 states that the petitioner intends to make a fresh representation to the Muvaliya Gram Sabha, Muvaliya, Tal. Dahod, Dist. Dahod within a period of two weeks from today and Muvaliya Gram Sabha may be directed to decide the said representation ofi the petitioner as early as possible, but not later than three months from the date of receipt of such repersentation. 5. Considering the above request, the newly joined respondent no.8 i.e., Gram Sabha, Muvaliya, Tal. Dahod, Dist. Dahod is hereby directed to decide the representation that may be made by the petitioner within a period of two weeks from today, as early as possible, but not later than three months from the date of this order and to forward the recommendation to the concerned Authority, if Gram Sabha deems it appropriate. Upon deciding the representation, the Gram Sabha, Muvaliya is directed to pass a reasoned order and communicate the same to the petitioners by way of a speed post. 6. With the above directions, the petition is disposed of without expressing any opinion on merits. Direct service is permitted. (NIRZAR S. DESAI,J) SAVARIYA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 30/07/2026 17:26:27