High Court of Gujarat

SANJEEDA INTEKHABALAM KAPADIAversusSTATE OF GUJARAT

Disposal: 35-ANY OTHER MODE @ ADM.STAGE
Bench: M R MENGDEY

Holding

The Commissioner of Police, Surat City, must consider the petition for police protection irrespective of the Assistant Sub‑Inspector’s dismissal and decide within four weeks.

Summary

The petitioner, Sanjeeda Intekhabalam Kapadia, obtained permission under the Gujarat Disturbed Areas Act to purchase a property in a society, and a sale deed was executed in her favour. Despite this, other society members barred her and her family from residing there, creating a hindrance. She applied to the Surat City Commissioner of Police for police protection, but the application was dismissed by the Assistant Sub‑Inspector on the ground that no untoward incident had occurred. The High Court held that, given the permission under the Disturbed Areas Act and the executed sale deed, the Commissioner must consider the petition for police protection without being influenced by the ASI’s communication, and must decide within four weeks. The petition was consequently disposed of, with direct service permitted.

Issues considered

Whether the petitioner is entitled to police protection under the Gujarat Disturbed Areas Act despite the absence of any reported incident.

Subjects

police protectionGujarat Disturbed Areas Actproperty disputesociety residencecivil disturbanceprotective order

Judgment

     R/SCR.A/15589/2025                              ORDER DATED: 06/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CRIMINAL APPLICATION (DIRECTION - POLICE
                   PROTECTION) NO. 15589 of 2025

==========================================================
                          SANJEEDA INTEKHABALAM KAPADIA
                                       Versus
                             STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1
NOTICE NOT RECD BACK for the Respondent(s) No. 2,3,4
MR KANVA ANTANI, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                 Date : 06/04/2026

                                   ORAL ORDER


1.      From the record it appears that the petitioner herein has
been granted permission under the Gujarat Disturbed Areas Act
by the Deputy Collector and Sub-divisional Magistrate, City
Prant, Surat vide order dated 11.04.2025. Pursuant to the said
permission being granted the petitioner herein had purchased
the property in question and a Sale-deed also came to be
executed in her favour. However, despite having purchased the
property and the Sale-deed having been in her favour, the other
members of the society are not allowing the petitioner to reside
in the society and are creating hindrance against the petitioner,
thereby preventing herself and her family members from residing
in the society. The petitioner has submitted an application to the
Office of the Commissioner of Police, Surat City for grant of
police protection. The said application came to be dismissed by
the Assistant Sub Inspector, Rander Police Station, Surat City
inter-alia citing that no untoward incident had taken place when


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        R/SCR.A/15589/2025                                                               ORDER DATED: 06/04/2026




 the petitioner and her family members had gone to the society in
 question.

 2.         However, having regard to the fact that the petitioner has
 obtained a permission under the Gujarat Disturbed Areas Act
 and a Sale-deed has also been executed in favour of the
 petitioner, the Commissioner of Police, Surat City shall consider
 the representation submitted by the petitioner for grant of police
 protection uninfluenced by the communication addressed by the
 Assistant Sub Inspector, Rander Police Station, Surat City to the
 Police Inspector, Rander Police Station, Surat City. Such
 decision shall be taken as expeditiously as possible preferably
 within period of Four weeks from the date of receipt of the
 present order.

 3.         With these observations, the present petition stands
 disposed of. Direct service is permitted.




                                                                                             (M. R. MENGDEY,J)
 AHS
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMIT SONAGARA(HCD0079), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 07/04/2026 16:09:04




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