C/SCA/12126/2026(GJHC240617162026) ORDER DATED: 31/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 12126 of 2026 ===================================================== MANIBHAI BHAVABHAI NAYKA & ORS. Versus THE STATE OF GUJARAT & ORS. ===================================================== Appearance: MR UM SHASTRI(830) for the Petitioner(s) No. 1,10,11,12,2,3,4,5,6,7,8,9 MR HENIL SHAH ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3,4,5,6 ===================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 31/08/2026 ORDER 1. Heard learned advocate Mr. U. M. Shastri appearing for the petitioners and learned Assistant Government Pleader Mr. Henil Shah appearing for the respondents. 2. By way of this petition, the petitioners have prayed for following relief :- “A. Your Lordships may be pleased to quash and set aside all notice. B. Your Lordships may be pleased to quash and set aside the Order dated 07.11.2025 (Ann-A) passed by Respondent No.3 Deputy Collector, Land Acquisition, C/SCA/12126/2026(GJHC240617162026) ORDER DATED: 31/08/2026 Rehabilitation & Resettlement, Kadana Project & Other Schemes, Panchmahal, Godhra declaring the petitioners as "unauthorized occupants" and directing eviction. C. Your Lordships may be pleased to direct to Respondent No.2 to declare that the petitioners are "Forest Dwellers" within the meaning of The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and are entitled to all rights under the said Act; D. Your Lordships may be pleased to direct to Respondent No.2 to declare that the petitioners have rightful possession over the land in question since 1982 as protected beneficiaries under FRA 2006 and the Land Acquisition Act, 1894. E. Your Lordships may be pleased to pass such other and further orders as may be deemed fit and proper in the facts interest of justice.” 3. At the outset, learned advocate Mr. U. M Shastri states that at this juncture instead of pressing this petition any further, the petitioner wants to make a fresh representation to the Gram Sabha of Demli Village Gram Panchayat of Panchmahal District and in turn, if the Gram Sabha passes any resolution in favour of the petitioners, to place it before appropriate authority in accordance with law. C/SCA/12126/2026(GJHC240617162026) ORDER DATED: 31/08/2026 4. In view of above, permission as prayed for is granted. The petitioner is directed to make a fresh representation to the Gram Sabha of Demli Village Gram Panchayat, and the concerned Village Panchayat is directed to do the needful in case if any representation is received from the petitioners. 5. With the above direction, without entering into the merits of the matter, the petition is disposed of. Direct Service is permitted. (NIRZAR S. DESAI,J) Pallavi Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PALLAVIBEN PRABHUDAS PANCHAL(HC01403), PRIVATE SECRETARY, at High Court of Gujarat on 31/08/2026 17:36:21