MAKADIYA JIVRAJ HAMIRBHAIversusSTATE OF GUJARAT

     C/SCA/1740/2025                              JUDGMENT DATED: 23/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 1740 of 2025

                                  With
               R/SPECIAL CIVIL APPLICATION NO. 2320 of 2025
                                  With
               R/SPECIAL CIVIL APPLICATION NO. 2910 of 2025

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
================================================================

            Approved for Reporting               Yes          No

================================================================
                   KHANT KALIYABHAI CHHAGANBHAI & ORS.
                                  Versus
                         STATE OF GUJARAT & ORS.
================================================================
Appearance:
MR ARTH V PARGHI(11292) for the Petitioner(s) No. 1,2,3,4,5,6,7,8
MR VD PARGHI(568) for the Petitioner(s) No. 1,2,3,4,5,6,7,8
MS NIRALI SARDA, ASST. GOVERNMENT PLEADER for the Respondent(s)
No. 1,2,3,4,5,6,7 in SCA/1740/2025;
MR NIKUNJ KANARA, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,3,4,5,6,7 in SCA/2320/2025;
MR ANGESH A PANCHAL, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,3,4,5,6,7 in SCA/2910/2025.
================================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                             Date : 23/03/2026

                           COMMON JUDGMENT


1.      Since common issue is involved in the captioned writ petitions,
the same are heard analogously and are being decided by this
common judgment.


2.      Rule returnable forthwith. Learned Assistant Government
Pleaders Ms. Nirali Sarda, Mr. Nikunj Kanara and Mr. Angesh Panchal,


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waive service of notice of Rule for and on behalf of the respondents –
State Authorities in respective petitions.


3.      With the consent of the learned counsel appearing for the
respective parties, the petitions have been taken up for )nal hearing
today.


4.      In view of the fact that common issue is involved in all the writ
petitions, the Special Civil Application No. 1740 of 2025 is treated as
lead matter, wherein, under Article 226 of the Constitution of India
read with the provisions of the Scheduled Tribes and Other Traditional
Forest Dwellers (Recognition of Forest rights) Act, 2008, the
petitioners have prayed for the 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 that the physical possession of land bearing Survey
        No.28, situated at Village-Rampura, Tal.Dahod, Dist.Dahod as per rules and
        regulations of the government be allotted to the petitioners and also
        directing the Forest Department not to disturb the possession in the land of
        the petitioners.

        (C) YOUR LORDSHIPS 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 hand over the
        possession of land bearing granted from land Survey No.28, situated at
        Village-Rampura, Tal.Dahod, Dist.Dahod forthwith.

        (D) Be pleased to pass such other and further relief that is just, 3t and
        expedient in the facts and circumstances of the case, in favour of the
        petitioners.”


5.      In view of the fact that Special Civil Application No. 1740 of
2025 is treated as lead matter, facts mentioned in the said Special
Civil Application are considered. It is the case of the petitioners that,
the petitioners reside since last so many years alongwith their family

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   C/SCA/1740/2025                               JUDGMENT DATED: 23/03/2026




in village Rampura of Ta. & Dist. Dahod. That, the dispute is with
regard to the land bearing Survey No.28, situated at Village-Rampura,
Tal. Dahod, Dist. Dahod (hereinafter be referred as 'disputed land).
That, the father of the petitioners and thereafter the present
petitioners cultivate on the disputed land continuously since the year-
1980 and their names entered in the Panti Patrak and for the
cultivation of the disputed land, the petitioners paid revenue with the
respondent authority. That, in December-2006, the Parliament of India
enacted the Schedule Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2005 (also known as Forest Rights
Act (FRA), 2006) and the object of this Act was to recognize and vest
the forest rights and occupations in forest lands of the Forest Dwelling
Scheduled Tribes (FDST's) and Other Traditional Forest Dwellers
(OTFDs), who have been residing in the forests for generations, but
whose rights could not be recorded earlier, to provide a framework for
recording the forest rights so vested and the nature of evidence
required for such recognition and vesting. That, on 1 st January, 2008,
exercising the powers conferred by Section 14 of the Forest Rights
Act, the Ministry of Tribal ABairs, Government of India issued )nal
noti)cation of the Forest Schedule Other Traditional Tribes and
Dwellers (Recognition of Forest Rights) Act, 2007, (also known as
Forest Rights Rules, 2007), which provide details of procedures to be
followed for veri)cation of claims, composition of Village level, Sub
divisional level and District level Forest Rights Committees and also
State Level Monitoring Committee (SLMC) and their functions and
Rule 13 of these Rules lists types of evidences that are to be
considered while determining the nature and extent of the forest
rights.   Thereafter,   from   March,    2008   the   respondent        State
Government took immediate steps for the implementation of this Act
and organized special meetings of Gramsabhas in all 12 eastern tribal


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districts of the State for constitution of village Forest Rights
Committees, constituted District and Sub-divisional level Committee
printed and distributed application forms for both Individual as well
Community Rights to all these villages, got the Act and the Rules
translated into Gujarati and widely distributed copies of the same and
awareness raising material to the villages, organized training camp
for FRC members, etc. That, after this, from April 2008, the
Gramsabhas and the village Forest Rights Committees (FRC) started
the process of receiving and veri)cation of the claims for forest rights,
as provided under the Act and the Rules. That, the Rampura village
was also made Gramsabha in the year-2008 and completed the
procedure of Gramsabha and passed the resolution in favor of the
petitioners and other forest dwellers as per the Forest Rights Act,
2006. That, since the year-1980 the petitioners' father and thereafter
the present petitioners cultivating the land and became a legal
occupier and they have been cultivating the disputed lands. That, the
petitioners have presented their Dava alongwith required documents
before the Rampura Gam Van Adhikar Samittee on 14/10/2008. That,
the petitioners have also made so many representations / applications
to the respondent authority alongwith required documents like
Revenue Receipts, Form No.7/12, Caste Certi)cate, Ration Card,
Aadhar Card, Election Card, Certi)cate regarding the petitioner are
not doing job, Photographs of the disputed land, Team Inspection
Report, Panchnama of disputed land with request to issue Sanad in
their favor but, the respondent authorities have not bothered the
same and have not considered their application or not issued Sanad.


6.      Being aggrieved and dissatis)ed with the inaction on the part of
the respondent authorities, the concerned petitioners have preferred
these petitions.


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7.      Heard Mr. V.D. Parghi, learned counsel appearing for the
petitioners and learned Assistant Government Pleaders appearing for
the respondent – State Authorities.


8.      Learned counsel Mr. Parghi has submitted that though the list is
prepared by the Gram Sabha of village Rampura, however, till date,
the land was not allotted legally to the petitioners. He has submitted
that the petitioners are Forest Dwelling Scheduled Tribes residing in
the Forest of Village-Rampura, Tal. Dahod, Dist. Dahod and they are
entitled to get recognized and recorded their forest rights and
occupations in forest lands under the historic legislation passed by the
Parliament of India in 2005, namely "The Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
(also known in short as Forest Rights Act (FRA)). He has further
submitted that the petitioners reside in the said Village-Rampura and
by farming the land of Forest Department maintain their family since
the year-1980 and they have no any income except the agriculture
work. He has further submitted that some of the petitioners, who are
forest dwellers and have preferred the claim under the Forest Rights
Act )led Writ Petition (PIL) No.100 of 2011 and requested to consider
their claim and after considering the facts and circumstances, the
Hon’ble Supreme Court has passed an order and directed to
reconsider the claim of such petitioners, however, the respondent
authorities have not bothered the same and made correspondence to
each other. Over and above the grounds agitated in the memo of
petition, learned counsel Mr. Parghi has urged that the present
petitions be allowed and the respondent authorities be directed to
consider the claim of the petitioners and hand over the possession of
land in question.


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9.         I have heard the learned counsel appearing for the respective
parties and perused the material placed on record. Considering the
submissions canvassed by the learned counsel for the petitioners and
considering the facts and circumstances of the case, present petitions
are partly allowed. The respondents – State Authorities are hereby
directed to decide the claim of all the petitioners as expeditiously as
possible in accordance with law, after giving an opportunity to
produce all the relevant documents and after giving an opportunity of
hearing to all the concerned parties. Rule is made absolute to the
aforesaid extent.
           Direct service is permitted.



                                                                    (HEMANT M. PRACHCHHAK,J)

Dolly




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 24/03/2026 18:01:56

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