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High Court of Gujarat

DAMOR BHURABHAI MAGANBHAIversusSTATE OF GUJARAT

Decided
Disposal
35-ANY OTHER MODE @ ADM.STAGE

Holding

The Court allowed the amendment to include the Gram Sabha as respondent and directed the petitioner to make a fresh representation, disposing the petition without reaching the merits.

Summary

Damore, the petitioner, filed a special civil application seeking mandamus to compel the State to allot 7 acres of land in Muvaliya village and to prevent disturbance of possession, also requesting direction to a Sub‑Divisional Committee. During the hearing he expressed a desire to make a fresh representation to the Gram Sabha of Muvaliya and, if a favorable resolution is passed, to place it before the appropriate authority. The Court, after hearing counsel for both sides, granted permission to amend the proceedings by adding the Gram Sabha as respondent No.8 and directed the petitioner to file the representation and the Gram Panchayat to act on any such representation. Without addressing the substantive claims for land allotment, the Court disposed of the petition. The order was pronounced by Justice Nirzar S. Desai on 11‑08‑2026.

Issues considered

  • Whether the petitioner may be permitted to make a fresh representation to the Gram Sabha and have it joined as a respondent
  • Whether the court should entertain the substantive relief sought for land allotment and protection of possession

Subjects

  • mandamus
  • land allotment
  • Gram Sabha
  • representation
  • special civil application
  • procedural order
  • disposal without merits

Judgment

     C/SCA/11106/2026                                      ORDER DATED: 11/08/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO.11106 of 2026

=========================================
                         DAMOR BHURABHAI MAGANBHAI
                                    Versus
                           STATE OF GUJARAT & ORS.
=========================================
Appearance :
LALSINGBHA G PARGI for the Petitioner.
MR. VANRAJSINH M DAMORE for the Petitioner.
MR NIKUNJ KANARA, AGP for the Respondents No.1,2,3,4,5,6,7
=========================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                               Date : 11/08/2026
                                    ORDER

               Leave to amend Gram Sabha of village Muvaliya as
respondent No.8.


2.             Heard learned advocate Mr. Vanrajsinh M. Damore
appearing for the petitioner and learned Assistant Government
Pleader Mr. Nikunj Kanara appearing for the respondents.


3.             By way of this petition, the petitioner has prayed for
following relief :-


                “(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
                of 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:



                                       Page 1 of 3
     C/SCA/11106/2026                                         ORDER DATED: 11/08/2026




                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.             At the outset, learned advocate Mr. Damore states that
at this juncture instead of pressing this petition any further, the
petitioner wants to make a fresh representation to the Gram Sabha
of Muvaliya Gram Panchayat of Dahod District and in turn, if the
Gram Sabha passes any resolution in favour of the petitioner, to
place it before appropriate authority in accordance with law.


                                      Page 2 of 3
          C/SCA/11106/2026                                                              ORDER DATED: 11/08/2026




  5.                    In view of above, permission as prayed for is granted.
  The petitioner is directed to make a fresh representation to the
  Gram Sabha of Muvaliya Village Panchayat, and the concerned
  Village Panchayat is directed to do the needful in case if any
  representation is received from the petitioner.


  6.                    With the above direction, without entering into the
  merits of the matter, the petition is disposed of.


                        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 11/08/2026 17:31:57




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