JAYVANTBHAI SHANTUBHAI VALAversusSTATE OF GUJARAT

       C/SCA/870/2026                             ORDER DATED: 21/01/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 870 of 2026

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                    JAYVANTBHAI SHANTUBHAI VALA & ORS.
                                  Versus
                         STATE OF GUJARAT & ANR.
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Appearance:
MR MEHUL S. SHAH, SENIOR ADVOCATE with MR. MRUGESH A
BAROT(6709) for the Petitioner(s) No. 1,2,3,4,5,6
GOVERNMENT PLEADER for the Respondent(s) No. 1,2
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     CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                              Date : 21/01/2026

                               ORAL ORDER


1.      Heard Mr. Mehul S. Shah, the learned Senior Counsel

assisted by Mr. Mrugesh A. Barot, the learned advocate appearing

for the petitioners and Mr. Angesh Panchal, the learned advocate

appearing for the respondent – State.



2.      By way of present petition, the petitioners herein have

challenged the impugned notice dated 19.1.2026 by way of

No.Encroachment/Registration No.01/V/2026.



3.       Mr. Shah, the learned Senior Counsel submits               that the

notice provides that the alleged construction has to be carried out

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      C/SCA/870/2026                             ORDER DATED: 21/01/2026




from the 40 meters from the center of the National Highway. It is

submitted that the impugned notice dated 19.1.2026 issued by the

learned Mamlatdar and Executive Magistrate for removal of

alleged illegal construction on the ground that the construction has

to be carried out from 40 meters of           center of the National

Highway.



3.1    It is submitted that such direction is in the form of an order to

remove the alleged construction within two days from the receipt of

the notice, failing the respondent No.2 authority would take

appropriate steps to demolish the same.



3.2    It is submitted that the notice is in the form of an order

without prior intimation to the petitioners herein, the same is also

silent as to provision of law invoked by the respondent authority.



4.     Mr. Angesh Panchal, the learned AGP upon instructions of

Mr. Devendra Navinchandra Vyas, Incharge Mamlatdar, Chotila

states that, if the petitioners would not remove the alleged

construction, as referred to in the notice, within two days, as stated

in the notice, the respondent authority would be constrained to

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          C/SCA/870/2026                                                        ORDER DATED: 21/01/2026




 initiate proceedings under Section 61 of the Gujarat Land Revenue

 Code, 1879.


 5.        In the opinion of this Court, the impugned notice dated

 19.1.2026 directing the petitioners to remove the alleged

 construction within a period of two days is without jurisdicition. The

 same is in the form of an order without prior intimation and the

 provisions of law under which such powers are exercised by the

 respondent authority, to facilitiate the petitioners to avail

 appropriate remedy challenging the said notice in accordance with

 law.

           On the aforesaid ground, the impugned notice dated

 19.1.2026 bearing No.Encroachment/Registration No.01/V/2026 is

 quashed and set aside in exercise of powers under Article 226 of

 the Constitution of India.


 6.        The present petition stands allowed.

           Direct service today is permitted.

                                                                         (VAIBHAVI D. NANAVATI,J)
 K.K. SAIYED

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SAIYED KAZIMALI(HC00169), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 21/01/2026 17:21:24




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