Gujarat High Court
Hardikkumar Amratbhai Patel vs District Development Officer on 16 January, 2026
NEUTRAL CITATION
C/SCA/410/2026 ORDER DATED: 16/01/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 410 of 2026
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HARDIKKUMAR AMRATBHAI PATEL
Versus
DISTRICT DEVELOPMENT OFFICER & ORS.
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Appearance:
MR DIPAN DESAI(2481) for the Petitioner(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 16/01/2026
ORAL ORDER
1. By way of this petition under Article 226 of the Constitution of India, the petitioner has approached this Court challenging the legality and validity of the notice dated 1.1.2026 issued under section 57 of the Gujarat Panchayats Act 1993 by the District Development Officer, Mehsana on the ground that the petitioner has misused the position by exercising the powers under sections 65 and 67 of the Gujarat Land Revenue Code.
2. Heard learned advocate Mr.Dipan Desai for the petitioner.
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NEUTRAL CITATION C/SCA/410/2026 ORDER DATED: 16/01/2026 undefined
3. At the outset, learned advocate Mr.Desai has pointed out that removal of encroachment was undertaken by the Panchayat after following due process of law. Mr.Desai submitted that the said encroachment was as such removed under section 105 of the Gujarat Panchayats Act and that not under sections 65, 66 and 67 of the Gujarat Land Revenue Code.
4. Considering the aforesaid and keeping in view that the petition is against the show cause notice, Mr.Desai has, at this stage, requested this Court to permit him to appear before the authority by raising preliminary objection against the issuance of the notice dated 1.1.2026.
5. Keeping in view of the aforesaid, at this stage, this Court without entering into the merits of the case, grants permission to the petitioner to approach the authority by way of raising preliminary objection within a period of one week. If any such preliminary objections is raised by the petitioner, the authority shall decide the said Page 2 of 3 Uploaded by H.M. PATHAN(HC00167) on Wed Jan 21 2026 Downloaded on : Thu Jan 22 20:54:59 IST 2026 NEUTRAL CITATION C/SCA/410/2026 ORDER DATED: 16/01/2026 undefined preliminary objection by way of speaking order in accordance with law obviously after granting reasonable opportunity of hearing to the petitioner within a period of three weeks thereafter.
6. Needless to clarify that the authority shall have to decide the preliminary objection separately at the first instance by way of separate reasoned order. If the authority passes any adverse order, in that event, some breathing time to the petitioner for further week be granted before taking up the matter for final hearing.
7. Without expressing anything on merits, the petition stands disposed of.
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