IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 870 of 2026 ========================================================== JAYVANTBHAI SHANTUBHAI VALA & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR MEHUL S. SHAH, SENIOR ADVOCATE with MR. MRUGESH A BAROT(6709) for the Petitioner(s) No. 1,2,3,4,5,6 GOVERNMENT PLEADER for the Respondent(s) No. 1,2 ========================================================== CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI Date : 21/01/2026 ORAL ORDER 1. Heard Mr. Mehul S. Shah, the learned Senior Counsel assisted by Mr. Mrugesh A. Barot, the learned advocate appearing for the petitioners and Mr. Angesh Panchal, the learned advocate appearing for the respondent – State. 2. By way of present petition, the petitioners herein have challenged the impugned notice dated 19.1.2026 by way of No.Encroachment/Registration No.01/V/2026. 3. Mr. Shah, the learned Senior Counsel submits that the notice provides that the alleged construction has to be carried out p. 2 from the 40 meters from the center of the National Highway. It is submitted that the impugned notice dated 19.1.2026 issued by the learned Mamlatdar and Executive Magistrate for removal of alleged illegal construction on the ground that the construction has to be carried out from 40 meters of center of the National Highway. 3.1 It is submitted that such direction is in the form of an order to remove the alleged construction within two days from the receipt of the notice, failing the respondent No.2 authority would take appropriate steps to demolish the same. 3.2 It is submitted that the notice is in the form of an order without prior intimation to the petitioners herein, the same is also silent as to provision of law invoked by the respondent authority. 4. Mr. Angesh Panchal, the learned AGP upon instructions of Mr. Devendra Navinchandra Vyas, Incharge Mamlatdar, Chotila states that, if the petitioners would not remove the alleged construction, as referred to in the notice, within two days, as stated in the notice, the respondent authority would be constrained to p. 3 initiate proceedings under Section 61 of the Gujarat Land Revenue Code, 1879. 5. In the opinion of this Court, the impugned notice dated 19.1.2026 directing the petitioners to remove the alleged construction within a period of two days is without jurisdicition. The same is in the form of an order without prior intimation and the provisions of law under which such powers are exercised by the respondent authority, to facilitiate the petitioners to avail appropriate remedy challenging the said notice in accordance with law. On the aforesaid ground, the impugned notice dated 19.1.2026 bearing No.Encroachment/Registration No.01/V/2026 is quashed and set aside in exercise of powers under Article 226 of the Constitution of India. 6. The present petition stands allowed. Direct service today is permitted. (VAIBHAVI D. NANAVATI,J) K.K. SAIYED