Status Quo Granted — Wakf Dargah Protected from Unlawful Eviction
The petitioner, a Wakf Dargah Committee managing the Hazarat Balapir Masumpir Bava Dargah in Bharuch, was served with a sudden eviction order by the Deputy District Development Officer (Revenue) dated 24 December 2025, directing the committee to remove the alleged encroachment and hand over vacant possession of the land to the District Panchayat within just 7 days — without the order ever being formally served on the petitioner.
- The eviction order dated 24.12.2025 was never formally served on the petitioner — they became aware of it only when authorities arrived on-site for removal.
- Despite the order itself acknowledging a 15-day appeal period under Section 9 of the Gujarat Public Premises (Eviction of Unauthorized Occupants) Act, 1972, a second execution order was issued within just 10 days, unlawfully curtailing the statutory appeal window.
- The execution order dated 02.01.2026 granted only 3 days for compliance — directly contrary to Section 5(2) of the Act, 1972, which mandates a minimum 30-day period from the date of service.
- The entire eviction process bypassed the principles of natural justice by denying the petitioner any opportunity to be heard before forcible removal.
The Hon’ble Gujarat High Court issued notice to all respondents returnable on 16 January 2026, permitted direct service, and ordered that status quo as on the date of hearing shall be maintained until the next date — effectively halting the eviction and protecting the Dargah Committee’s possession of the subject premises.