High Court of Gujarat
PATEL NEERUBEN CHIMANLALversusSTATE OF GUJARAT
- Decided
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- VAIBHAVI D NANAVATI
Holding
The notice issued under Section 61 is quashed as it contravenes natural justice by denying a hearing.
Summary
The petitioners, five of twenty‑three parties, challenged a notice dated 23‑01‑2026 issued under Section 61 of the Gujarat Land Revenue Code, 1879, which ordered them to vacate premises within seven days without granting any hearing. The respondent authority admitted the factual correctness of the notice but argued no procedural defect. The Court observed that the notice, though in the prescribed form, denied the petitioners a chance to be heard, violating the principles of natural justice and the procedural requirements of the Code. Consequently, the Court quashed the notice and set it aside, while reserving the authority to issue a fresh notice in compliance with natural justice. The petition was allowed without the Court examining the substantive merits of the eviction dispute.
Issues considered
- Whether a notice issued under Section 61 of the Gujarat Land Revenue Code, 1879, directing eviction without affording a hearing violates the principles of natural justice.
- Whether such a notice can be set aside on the ground of procedural infirmity.
Legislation cited
- Gujarat Land Revenue Code, 1879 — s. 61
Subjects
- natural justice
- eviction notice
- Gujarat Land Revenue Code
- Section 61
- procedural fairness
- quash notice
Judgment
C/SCA/1100/2026 ORDER DATED: 27/01/2026
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.
Page 1 of 3
C/SCA/1100/2026 ORDER DATED: 27/01/2026
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.
Page 2 of 3
C/SCA/1100/2026 ORDER DATED: 27/01/2026
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
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SAIYED KAZIMALI(HC00169), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 27/01/2026 17:57:16
Page 3 of 3
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.