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High Court of Gujarat

JAGMALBHAI MINABHAI SINDHVAversusSTATE OF GUJARAT

Disposal
56-DISPOSED AT ADMISSION STAGE

Holding

The petition was disposed of as no demolition had been carried out and no notice was issued.

Summary

The petitioners, Jagmalbhai Minabhai Sindhva and others, approached the Gujarat High Court alleging that the State authorities were proceeding with demolition of their premises without any legal notice. The petitioners sought relief, invoking the Supreme Court's mandate in Writ Petition (Civil) 295 of 2022, and emphasized the need to adhere to natural justice principles. The respondent Mamlatdar, present before the court, stated that no demolition action had been taken and no notice issued. The court, noting the absence of any demolition activity, disposed of the petition. The order also directed that the respondent authorities must act in accordance with law and natural justice, and permitted direct service of the order.

Issues considered

  • Whether demolition of premises without issuance of a legal notice is permissible under law.
  • Whether the petitioners are entitled to relief based on the Supreme Court's mandate in Writ Petition (Civil) 295 of 2022.

Subjects

demolitionnoticenatural justicewrit petitioncivil procedure

Judgment

     C/SCA/644/2026                          ORDER DATED: 16/01/2026




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CIVIL APPLICATION NO. 644 of 2026

=============================================
                 JAGMALBHAI MINABHAI SINDHVA & ORS.
                               Versus
                      STATE OF GUJARAT & ORS.
=============================================
Appearance:
MR BM MANGUKIYA(437) for the Petitioner(s) No. 1,2,3,4,5
MS BELA A PRAJAPATI(1946) for the Petitioner(s) No. 1,2,3,4,5
MR ANGESH A PANCHAL, AGP for the Respondent(s) No. 1,2,3,4,6
=============================================

 CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                         Date : 16/01/2026

                           ORAL ORDER

1.    Heard Mr. B.M. Mangukiya, learned advocate appearing

for the petitioners.


2.    The matter is mentioned and requested to be taken up

for hearing wherein, it is stated by Mr. B.M. Mangukiya, learned

advocate appearing for the petitioners that the respondent

authorities are in process of demolition of the premises in

possession of the petitioners without issuance of any notice by

any provision of law.


3.    Mr. Devendra Navinchandra Vyas, I/c. Mamlatdar, Chotila,

is present before the Court and submits that no action is taken

by the respondent authority with respect to demolition of the


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            C/SCA/644/2026                                                      ORDER DATED: 16/01/2026




   premises neither any notice is issued for demolition.


   4.        In light of such statement made by Mr. Devendra

   Navinchandra Vyas, I/c. Mamlatdar, Chotila, who is present

   before the Court, respondent No.4 herein, in absence of any

   demolition, the present petition is disposed of.


   5.        Mr. Mangukiya, learned advocate appearing for the

   petitioners submits that the respondent authorities to act in

   accordance with the mandate of the Hon’ble Supreme Court in

   case of Writ Petition (Civil) 295 of 2022.


             Needless to say that the respondent authorities to act in

   accordance with law and following the cardinal principles of

   natural justice.


             Direct service today is permitted.


                                                                    (VAIBHAVI D. NANAVATI,J)



   NEHA




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NEHA CHANDRESHKUMAR PRAJAPATI(HC01404), STENO GR II, at High Court of Gujarat on 16/01/2026 18:06:16




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