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High Court of Gujarat

DAMOR AMARSING NARSINGversusTHE STATE OF GUJARAT

Decided
Disposal
56-DISPOSED AT ADMISSION STAGE

Holding

The Court disposed of the petition without addressing the merits and ordered the Collector, Dahod, to decide the 2009 representation within four months and communicate a reasoned order.

Summary

The petitioners sought a writ of mandamus directing the State of Gujarat to allot a 7‑acre parcel of land in Muvaliya village and to act on a representation filed on 25‑08‑2009. They also requested interim protection against disturbance of possession. The Court, after hearing counsel, declined to rule on the substantive merits of the land‑allotment claim. Instead, it directed the Collector of Dahod to decide the 2009 representation within four months and to issue a reasoned order. The petition was disposed of without any substantive opinion on the mandamus claim, and direct service of the order was permitted.

Issues considered

  • Whether the petitioners are entitled to a writ of mandamus directing the State to allot the disputed land
  • Whether the representation filed by the petitioners on 25‑08‑2009 must be decided by the Collector within a specified time

Subjects

  • land allotment
  • mandamus
  • representation
  • administrative law
  • Gujarat
  • special civil application

Judgment

   C/SCA/10272/2026                        ORDER DATED: 28/07/2026




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/SPECIAL CIVIL APPLICATION NO.         10272 of 2026

=====================================================
                DAMOR AMARSING NARSING
                         Versus
             THE STATE OF GUJARAT & ORS.
=====================================================
Appearance:
LALSINGBHA G PARGI(8255) for the Petitioner(s) No. 1
MR KIRTI V BODAT(11148) for the Petitioner(s) No. 1
MR. VANRAJSINH M DAMORE(3787) for the Petitioner(s)
No. 1
MR NIKUNJ KANARA ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,3,4,5,6,7
=====================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                       Date : 28/07/2026

                             ORDER

  1. Heard learned Advocate Mr. Vanrajsinh Damor for

     the petitioner and learned Assistant Government

     Pleader Mr. Nikunj Kanara for the respondent –

     State.


  2. 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


                            Page 1 of 3
C/SCA/10272/2026                        ORDER DATED: 28/07/2026




             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 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;

             (F) Be pleaed to grant such other and
             further relief that may be deemed fit and
             proper in the facts and circumstances of
             the case in the interest of justice.”


                          Page 2 of 3
      C/SCA/10272/2026                                                          ORDER DATED: 28/07/2026




    3. However,                at      the        outset,            learned            Advocate              Mr.

          Damor           states            that           the         respondents                  may         be

          directed              to       decide            the        representation                      dated

          25.08.2009 preferred by the petitioners within

          some time bound scheduled at this stage.


    4. Considering                   the        above          request,             the        respondent

          no.6         i.e.,           the         Collector,                 Dahod           is       hereby

          directed to decide the representation made by

          the petitioner dated 25.08.2009 within a period

          of four months from the date of this order. Upon

          deciding              the         representation,                        the         Collector,

          Dahod is directed to pass a reasoned order and

          communicate the same to the petitioners by way

          of a speed post.


    5. With            the        above           directions,                  the        petition              is

          disposed of without expressing any opinion on

          merits. 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 28/07/2026 17:01:13




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