BHURIYA NANJIBHAI S/O PANGLABHAIversusSTATE OF GUJARAT

     C/SCA/14449/2024                            JUDGMENT DATED: 30/03/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 14449 of 2024


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

==========================================

             Approved for Reporting             Yes
                                               No
                                               ✔
==========================================
              BHURIYA NANJIBHAI S/O PANGLABHAI
                               Versus
                   STATE OF GUJARAT & ORS.
==========================================
Appearance:
MR ARTH V PARGHI(11292) for the Petitioner
MR VD PARGHI(568) for the Petitioner
MR ADITYA DAVDA AGP for the Respondents
==========================================

     CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                            Date : 30/03/2026

                                JUDGMENT


1.       RULE returnable forthwith. Learned Assistant Government
Pleader waives service of notice of rule on behalf of the respondents.


2.       With the consent of learned counsel appearing for the
respective parties, the present petition is taken up for <nal hearing.


3.       Present petition is <led by the petitioner under Articles 226 of



                                  Page 1 of 4
     C/SCA/14449/2024                                 JUDGMENT DATED: 30/03/2026




the Constitution of India and under the provisions of the Scheduled
Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006 and under the provisions of the Scheduled Tribes
and Other Traditional Forest Dwellers (Recognition of Forest Rights)
Act, 2008 seeking following reliefs:-

          (A)    YOUR LORDSHIP may be pleased to admit and allow
                 this petition.

          (B)    YOUR LORDSHIP 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 that the physical possession of land
                 bearing Survey No. 230 paiki 6, admeasuring 5 Acre
                 15 Gunthas out of total admeasuring 11 – 45 – 27 H –
                 R – A situated at Village - Navanagar, Tal. Dhanpur,
                 District: Dahod be allotted to the petitioner as per
                 rules and regulations of the government and also
                 directing the Forest Department not to disturb the
                 possession in the land of the petitioner bearing
                 Survey No. 230 paiki 6, admeasuring 5 Acre 15
                 Gunthas out of total admeasuring 11 – 45 – 27 H – R –
                 A situated at Village - Navanagar, Tal. Dhanpur,
                 District: Dahod.

          (C)    YOUR LORDSHIP may be pleased to issue a writ of
                 mandamus directing to the respondents to undertake
                 the procedure for compliance against the order issued
                 by State Government to the petitioners and handover
                 the possession of land to the petitioners bearing
                 Survey No. 230 paiki 6, admeasuring 5 Acre 15
                 Gunthas out of total admeasuring 11 – 45 – 27 H – R –
                 A situated at Village - Navanagar, Tal. Dhanpur,
                 District: Dahod forthwith.

          (D) Be pleased to pass such other and further relief that is
              just, :t and expedient in the facts and circumstances
              of the case, in favour of the petitioners.


4.       Heard learned counsel for the petitioner and learned Assistant
Government Pleader for the respondents. Perused the material placed



                                     Page 2 of 4
     C/SCA/14449/2024                           JUDGMENT DATED: 30/03/2026




on record.


5.       Learned counsel appearing for the petitioner, submitted that
the petition has been <led seeking direction to the State authorities to
allot physical possession of the land as per the applicable rules and
regulations of the government, coupled with the direction to the
forest department not to disturb the possession.


6.       Learned Assistant Government Pleader, submitted that as per
the Schedule Tribes and other Traditional Forest Dwellers (Recognition
of Forest Rights) Act, 2006 read with the Schedule Tribes and other
Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007
(hereinafter referred to as the “Rules of 2007”), an inbuilt mechanism
is provided for the forest rights of the claimants. It is submitted that
the form, initially, is to be submitted to the Gram Sabha who, in turn,
after collecting all the necessary details, will submit it to the Forest
Rights Committee which, in turn, will take steps in accordance with
the provisions of Rule 12 of the Rules of 2007 and thereafter, will
submit it to the Gram Sabha and/or the authority concerned which,
thereafter, will pass a resolution either approving or rejecting the
rights and if any person is aggrieved by the resolution of the Gram
Sabha, the remedy available to the person concerned, is to <le a
petition to the Sub-divisional Level Committee and it will take steps as
per the provisions of Rule 14 of the Rules of 2007 and further remedy,
is available of <ling a petition to the District level Committee.
Therefore, it will be open to the petitioner to take steps in accordance
with the provisions of the Act read with the Rules of 2007.


7.       Learned counsel for the petitioner, submitted that the
petitioners, if have not <led any application, shall <le the application

                                Page 3 of 4
       C/SCA/14449/2024                                                                JUDGMENT DATED: 30/03/2026




 with the Gram Sabha and let the Gram Sabha and the Forest Rights
 Committee, take decision in accordance with the provisions of the
 Rules of 2007.


 8.          In view of the above, the petition, is disposed of with a liberty to
 the petitioner to make an application in accordance with the Rules of
 2007, with a further direction to the Gram Sabha and the Forest
 Rights Committee, to take steps and/or decision in accordance with
 the Rules of 2007 as early as possible preferably within a period of
 twelve months from the date of receipt of the application. Rule is
 made absolute to the aforesaid extent. There shall be no order as to
 costs. Direct service is permitted.


                                                                       (HEMANT M. PRACHCHHAK,J)
 V.R. PANCHAL


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 30/03/2026 17:09:48




                                                           Page 4 of 4