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High Court of Gujarat

DAMOR MATHUBHBAI VIRSINGversusTHE STATE OF GUJARAT

Decided
Disposal
56-DISPOSED AT ADMISSION STAGE

Holding

The Court directed the Muvaliya Gram Sabha to decide the petitioners' representation within three months and disposed the petition without addressing its merits.

Summary

The petitioners sought a writ of mandamus directing the State to allot a 7‑acre parcel of land in Muvaliya, Dahod, and to compel the Sub‑Divisional Committee under the Forest Rights Act, 2006 to decide the matter. They also requested that the Forest Department refrain from disturbing possession of the land pending the petition. The Court allowed the addition of Muvaliya Gram Sabha as respondent No.8 and directed it to consider a fresh representation to be filed by the petitioners within two weeks, and to render a reasoned order within three months, forwarding its recommendation to the concerned authority. No merits of the petition were addressed; the Court merely gave procedural directions to the Gram Sabha. The petition was consequently disposed without any substantive ruling on the writ applications.

Issues considered

  • Whether the petitioners are entitled to a writ of mandamus directing the State to allot the disputed land.
  • Whether the Gram Sabha can be joined as a party and directed to decide the petitioners' representation.
  • Whether the petition should be disposed without expressing an opinion on its merits.

Subjects

  • land allotment
  • mandamus
  • Gram Sabha
  • special civil application
  • procedural direction
  • Gujarat High Court
  • forest department
  • representation
  • petition disposal

Judgment

     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


                                       Page 1 of 3
     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


                                      Page 2 of 3
         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




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