High Court of Gujarat
DAMOR MATHUBHBAI VIRSINGversusTHE STATE OF GUJARAT
- Decided
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- NIRZAR S DESAI
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
Page 3 of 3
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.