IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 1100 of 2026 ========================================================== PATEL NEERUBEN CHIMANLAL & ORS. Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR SHUBHAM JHAJHARIA(10231) for the Petitioner(s) No. 1,2,3,4,5 MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2,3 ========================================================== CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI Date : 27/01/2026 ORAL ORDER 1. Heard Ms. Kruti Shah, the learned advocate appearing for Mr. Subham Jhajgharia, the learned advocate appearing for the petitioners. 2. The petitioners herein have challenged the impugned notice dated 23.1.2026 issued under Section 61 of the Gujarat Land Revenue Code, 1879 by the respondent No.2, wherein by the said notice the petitioners herein are directed to evict the premises in question within seven days from the receipt of the said notice. The present petition is filed by the five affected parties out of the twenty-three. p. 2 3. Mr. Jayneel Parikh, the learned AGP is not in position to dispute the aforesaid fact. 4. Admittedly, upon perusal of the impugned notice dated 23.1.2026, as referred to hereinabove, though it is in the form of notice, no opportunity of hearing is given to the petitioners herein, however, the petititioners herein are directed to eivct the premises in question within seven days upon receipt of such notice. 5. The aforesaid, in the opinion of this Court, is contrary to the settled principles of natural justice and provisions of the Code, 1879. In view thereof, the impugned notice dated 23.1.2026 is quashed and set aside. 6. Liberty is reserved in favour of the respondent authority to issue fresh notice to the petitioners herein and act in accordance with the procedure as provided under Section 61 of the Gujarat Land Revenue Code, 1879, by following the cardinal principles of natural justice, independently and in accordance with law. p. 3 7. With the aforesaid directions, the present petition stands allowed. 8. This Court has not gone into the merits of the matter. Direct service is permitted. (VAIBHAVI D. NANAVATI,J) K.K. SAIYED