High Court of Gujarat

NARENDRABHAI RAMESHBHAI BAMBHANIAversusSTATE OF GUJARAT

Disposal: 56-DISPOSED AT ADMISSION STAGE
Bench: VAIBHAVI D NANAVATI

Holding

The petition was disposed of as there was no demolition or notice issued, rendering the relief sought unnecessary.

Summary

The petitioners alleged that the State authorities were proceeding to demolish premises in their possession without issuing any statutory notice. The petitioners sought relief to restrain the demolition and to compel the authorities to act in accordance with the Supreme Court's mandate in Writ Petition (Civil) 295 of 2022. The respondent, represented by the I/c Mamlatdar, testified that no demolition had been carried out and no notice had been issued. On this basis, the Court found no immediate threat of demolition and disposed of the petition. The order also directed the respondent authorities to comply with the law and the principles of natural justice, and permitted direct service of the order.

Issues considered

Whether demolition of the petitioners' premises can be carried out without prior notice as required by law.
Whether the petition is maintainable in view of the alleged absence of demolition activity.
Whether the respondent authorities must comply with the Supreme Court's mandate in Writ Petition (Civil) 295 of 2022.

Subjects

demolitionnoticenatural justiceSupreme Court mandatewrit petitionland possession

Judgment

    C/SCA/668/2026                        ORDER DATED: 16/01/2026




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/SPECIAL CIVIL APPLICATION NO. 668 of 2026

                           With
        R/SPECIAL CIVIL APPLICATION NO. 672 of 2026
                           With
        R/SPECIAL CIVIL APPLICATION NO. 673 of 2026
                           With
        R/SPECIAL CIVIL APPLICATION NO. 674 of 2026
                           With
        R/SPECIAL CIVIL APPLICATION NO. 676 of 2026
                           With
        R/SPECIAL CIVIL APPLICATION NO. 678 of 2026
                           With
        R/SPECIAL CIVIL APPLICATION NO. 680 of 2026
                           With
        R/SPECIAL CIVIL APPLICATION NO. 681 of 2026
                           With
        R/SPECIAL CIVIL APPLICATION NO. 682 of 2026
                           With
        R/SPECIAL CIVIL APPLICATION NO. 684 of 2026
                           With
        R/SPECIAL CIVIL APPLICATION NO. 685 of 2026
                           With
        R/SPECIAL CIVIL APPLICATION NO. 687 of 2026
                           With
        R/SPECIAL CIVIL APPLICATION NO. 688 of 2026
                           With
        R/SPECIAL CIVIL APPLICATION NO. 689 of 2026
                           With
        R/SPECIAL CIVIL APPLICATION NO. 690 of 2026
                           With
        R/SPECIAL CIVIL APPLICATION NO. 692 of 2026
=============================================
             RANIBEN RANCHHODBHAI SHIYALIYA & ORS.
                             Versus
                    STATE OF GUJARAT & ORS.
=============================================
Appearance:
MR BM MANGUKIYA(437) for the Petitioner(s) No. 1,2,3,4
MS BELA A PRAJAPATI(1946) for the Petitioner(s) No. 1,2,3,4
MR ANGESH A PANCHAL, AGP for the Respondent(s) No. 1,2,3,4,6
=============================================

 CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI


                            Page 1 of 3
     C/SCA/668/2026                         ORDER DATED: 16/01/2026




                        Date : 16/01/2026

                       ORAL COMMON 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

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



                             Page 2 of 3
         C/SCA/668/2026                                                       ORDER DATED: 16/01/2026




 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 18:06:55




                                                   Page 3 of 3

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