JAMILSHA KADARSHAH SAIYYEDversusSTATE OF GUJARAT

     C/SCA/7939/2026                             ORDER DATED: 10/06/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 7939 of 2026

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                       JAMILSHA KADARSHAH SAIYYED
                                  Versus
                         STATE OF GUJARAT & ANR.
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Appearance:
UMARFARUK M KHARADI(8155) for the Petitioner(s) No. 1
MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                             Date : 10/06/2026

                              ORAL ORDER


1.    Learned advocate for the petitioner tendered a draft
amendment, which is taken on record. The amendment is
deemed to be incorporated in the petition.


2.    At the outset, learned advocate for the petitioner
submits that he may be permitted to withdraw the prayer
clause 15(B) impugning the order dated 23.03.2026 and that
he may be granted liberty to challenge the same before the
appropriate forum. Permission as prayed for, is granted with
the aforesaid liberty.


3.    Learned advocate for the petitioner submits that the
petitioner is occupying the subject land along with the
construction thereon since a period of 18 years. He submits


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that the possession and construction thereon in the land is
known to the Village Panchayat and the petitioner is paying
taxes to the Village Panchyat. Learned advocate submits that
the petitioner is also having electric connection. He further
submits that Survey No. 408, on which the construction of
the petitioner is located has other occupants as well. He
submits that however no action was taken against them and
the petitioner is being targeted. Learned advocate further
submits that the petitioner has filed an application for
regularization of his construction and occupation to the
Collector, Bhuj on 30.05.2026 and the same has been
received by the office on 01.06.2026 and the same is pending
consideration. He submits that pending the adjudication of
such application for his regularization, the Mamlatdar,
Mandvi has issued notice under Section 202 of the Gujarat
Land Revenue Code dated 04.06.2026. He submits that the
application of the petitioner for regularization shall become
infructuous if the said notice is executed. Learned advocate
therefore submits that appropriate orders be passed.


4.    Learned Assistant Government Pleader Mr. Jayneel
Parikh appearing on behalf of the respondents submits that
the petitioner was issued due notice under Section 61 of the
Gujarat Land Revenue Code. Case No. 69 of 2025 came to be
registered, the petitioner has filed his reply and was duly



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     C/SCA/7939/2026                                  ORDER DATED: 10/06/2026




represented            by   the   learned        Advocate     in    the         said
proceedings. Learned AGP submits that after taking into
consideration the reply of the petitioner, a reasoned order
has been passed by the Mamlatdar. He submits that the
principles of natural justice has been followed. It has been
found that the petitioner is in unauthorized occupation of
the Government land and construction thereupon is also
illegal. He submits that the impugned order is just and
proper. He also submits that pursuant to the order dated
23.03.2026, now notice under Section 202 of the Gujarat
Land Revenue Code has also been issued to the petitioner
for vacating the unauthorized occupation. In respect of the
regularization application, which is pending consideration
before the learned Collector, learned AGP submits that the
same shall be decided within a period of three weeks.


5.    Heard learned advocates for the parties, perused the
documents and averments on record.


6.    It is the contention of the learned advocate for the
petitioner that the petitioner’s application for regularization
of his occupation shall be rendered infructuous, if the notice
under Section 202 of the Gujarat Land Revenue Code is
executed. Having regard to the factual situation and in the
interest of justice, the following directions are passed :



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       C/SCA/7939/2026                                      ORDER DATED: 10/06/2026




(i)     The Collector, Kachchh to consider the case of the
petitioner for regularizing his occupation on the property in
question being land bearing Revenue Survey No. 408 of
Village- Shirva, Taluka Mandvi, as expeditiously as possible
within a period of three weeks from today.


(ii)    Till the Collector, Kachchh decides the application of
the petitioner which is pending before him, proceedings
under Section 202 of the Gujarat Land Revenue Code for
execution of order dated 23.03.2026 shall remain stayed.


(iii) The Collector while considering the application for
regularization shall not be influenced by any of the
observations made in the order dated 23.03.2026 and
whereas          the     Collector    shall        decide      the      application
appropriately strictly in accordance with law and in
accordance with the extant policy of the State Government.


7.      It would be open for the petitioner to avail appropriate
remedy under the law against order dated 23.03.2026 and
whereas it is clarified that this Court has not opined in any
manner whatsoever as regards the merits of the order dated
23.03.2026.


8.      The present petition stands disposed of. It is clarified



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          C/SCA/7939/2026                                               ORDER DATED: 10/06/2026




 that this Court has not gone into the merits of the case and
 no opinion is expressed thereon in respect of the
 regularization application.
           Direct service Today is permitted.



                                                                 (ANIRUDDHA P. MAYEE, J.)
 SALIM/

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MOHAMMAD SALIM(HC01108), STENO GR II, at High Court of Gujarat on 10/06/2026 16:17:50




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