High Court of Gujarat

LAKHUBHAI SAJAN KODIYATARversusSTATE OF GUJARAT

Decided: 15 June 2026
Disposal: 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Bench: ANIRUDDHA P MAYEE

Holding

The Court held that the Mamlatdar shall not act on the notice under Section 202 until the Collector decides the pending regularisation application.

Summary

Petitioner Lakhubhai Sajan Kodiyatar was directed by an order under Section 61 of the Gujarat Land Revenue Code to remove an encroachment on government waste land (Survey No.1064). He subsequently filed an application for regularisation of the encroachment under Section 202 of the same Code on 9 July 2025, which remains pending. On 9 June 2026, the Mamlatdar issued a notice under Section 202 demanding removal of the encroachment, which the petitioner challenged by a special civil application seeking a stay or quash of the notice. The Court observed that the regularisation application has been pending for over a year and, to serve justice, directed the Collector to decide the application within four weeks and ordered the Mamlatdar not to act on the notice until that decision is made. The Court clarified that it did not adjudicate the merits of the regularisation request and disposed of the special civil application.

Issues considered

Whether a notice issued under Section 202 of the Gujarat Land Revenue Code for removal of encroachment can be executed while an application for regularisation of the encroachment is pending.
Whether the petitioner is entitled to a stay or quash of the notice issued by the Mamlatdar.

Legislation cited

Gujarat Land Revenue Code — s. 202, 61

Subjects

encroachment
government waste land
regularisation
Land Revenue Code
stay of execution
special civil application
Gujarat

Judgment

       C/SCA/8053/2026                            ORDER DATED: 15/06/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 8053 of 2026

==========================================================
                         LAKHUBHAI SAJAN KODIYATAR
                                    Versus
                           STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR KEYUR JALDEEP SHAH(14552) for the Petitioner(s) No. 1
MS DHRUTI R. MAKADIA(19676) for the Petitioner(s) No. 1
MR PRASHANTKUMAR R SHARMA(8591) for the Petitioner(s) No. 1
MS DEVANSHIBA RANA AGP for the Respondent(s) No. 1,2,3,4
==========================================================
     CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                              Date : 15/06/2026

                               ORAL ORDER


1.      Rule returnable forthwith. The learned AGP waives service of
notice of rule for the respondent Nos.1 to 3.


2.      By the present Special Civil Application, the petitioner is
praying for a direction to stay the execution or quash the notice
dated 09.06.2026 issued by the respondent No.3 Mamlatdar,
Porbandar.


3.      The learned counsel for the petitioner submits that the
respondent No.3 Mamlatdar has issued the notice dated 09.06.2026
calling upon the petitioner to remove the encroachment on
government waste land bearing survey No.1064 on 15.06.2026. The
said notice is impugned in the present writ petition. He submits that
pursuant to the order under Section 61 of the Gujarat Land Revenue
Code dated 07.01.2025 and the notice under Section 202 of the
Land Revenue Code dated 23.01.2025, the petitioner has preferred


                                  Page 1 of 4
     C/SCA/8053/2026                           ORDER DATED: 15/06/2026




the application for regularization of his encroachment to the
respondent No.2 Collector, Porbandar on 09.07.2025. He submits
that the same is pending consideration. A copy of the same is also
annexed to the petition as Annexure-B. He submits that if the
impugned notice dated 09.06.2026 is executed, the application for
regularization preferred by the petitioner almost one year back shall
be rendered infructuous. He submits that appropriate orders may be
passed.


4.    The learned AGP appearing for the respondent authorities
submits that in the present case, the petitioner has encroached an
area of 9091 sq.mtrs. on government waste land bearing survey
No.1064, Village Bharwada, Taluka Porbandar, District Porbandar.
He submits that the respondent authorities have also followed due
process of law. The petitioner was served with the notice under
Section 61 and thereafter, hearing the petitioner, the order came to
be passed on 07.01.2025 directing the petitioner to remove the
encroachment on the government waste land. She submits that the
petitioner has not preferred any appeal against the said order under
Section 61 of the Land Revenue Code. She submits that the said
order has become final and thereafter, the respondent authorities
have also issued the notice under Section 202 of the Land Revenue
Code. However, the petitioner has not removed the encroachment
so far. She, therefore, submits that the impugned notice dated
09.06.2026 has been issued to the petitioner for removal of the
encroachment on the government waste land at the cost of the
petitioner. The learned AGP further submits that in respect of
pending application of the petitioner for regularization of his
encroachment, the same shall be decided expeditiously by the
respondent No.2 Collector.


                              Page 2 of 4
     C/SCA/8053/2026                                        ORDER DATED: 15/06/2026




5.    Considering          the    submissions         and    in   the     facts       and
circumstances of the present case, it appears that the petitioner has
already preferred an application before the respondent No.2
Collector     for      regularization     of    his     encroachment.      The        said
application has been preferred on 09.07.2025. The said application
is pending consideration till date and more than one year has
passed. The respondent No.3 Mamlatdar has now issued the
impugned       notice       for   removing        the     encroachment        pending
regularization application.


6.    In the considered opinion of this Court to serve the ends of
justice, following directions are passed:


      (i)      The respondent No.2 Collector is directed to decide and
      adjudicate the application for regularization of the petitioner
      dated 09.07.2025 for the subject land in question within a
      period of four weeks after giving due hearing to the petitioner
      from the date of receipt of this order.


      (ii)     The respondent No.3 Mamlatdar shall not take any
      action on the impugned notice dated 09.06.2026 issued under
      Section 202 of the Land Revenue Code till the decision is
      taken by the respondent No.2 Collector on the regularization
      application of the petitioner.


      (iii)    It is clarified that this Court has not gone into the merits
      of the case and no opinion is expressed thereon. The
      application for regularization shall be decided on its own
      merits and in accordance with law and the extant policy of the
      State Government in this regard.


                                        Page 3 of 4
        C/SCA/8053/2026                                                                ORDER DATED: 15/06/2026




7.        With the aforesaid direction, the Special Civil Application
stands disposed of.
          Rule is made absolute to the aforesaid extent.
          Direct service is permitted.



                                                                               (ANIRUDDHA P. MAYEE, J.)


cmk




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CHANDRASHEKHAR MAHESHKUMAR KOSHTI(HC01066), Principal Pvt. Secretary, at High Court of Gujarat on 15/06/2026 18:55:30




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