DILAVARSINH KHODUBHA (SINCE DECEASED) III-B REPRESENTED TH. BALBHADRASINH NIRUBHA JADEJA Versus THE STATE OF GUJARAT AND ORS. DEEPANWITA PRIYANKA SURYA KANT AND HON'BLE DIPANKAR DATTA,JJ. ] (C.A. 955/2017)

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C.A. 955/2017

DILAVARSINH KHODUBHA (SINCE DECEASED) III-B REPRESENTED TH. BALBHADRASINH NIRUBHA JADEJA Versus THE STATE OF GUJARAT AND ORS. DEEPANWITA PRIYANKA SURYA KANT AND HON'BLE DIPANKAR DATTA,JJ. ]

HON'BLE MR. JUSTICE DIPANKAR DATTA

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44 PDF renditions· 44 distinct judicial orders· 25 verified locally

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8Important Paragraphs
6Legal Principles
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What Happened

DILAVARSINH KHODUBHA (SINCE DECEASED) REPRESENTED TH.BALBHADRASINH NIRUBHA JADEJA Versus THE STATE OF GUJARAT & ORS.. C.A. 955/2017 in the Supreme Court of India, CNR SCIN010194772015. Status on the court record: PENDING. This page is written from 25 order document(s) downloaded for this case, dated 7 September 2018 to 17 August 2026.

On 7 September 2018 the order records: It is an application for early hearing of the appeal. Having heard learned counsel for the parties, it is directed that the appeal be listed in the week commencing 26th November 2018.
On 24 October 2019 the order records: The petitioner is represented by Mr.C.A. Sundaram, Mr.Ranjit Kumar and Mr. Guru Krishna Kumar, learned senior counsel. Respondent-State is represented by Mr. Preetesh Kapoor, learned senior counsel along with Mr. A.P. Mayee, Advocate.
On 23 March 2023 the order records: Learned counsel for the respondent-State seeks and is granted two weeks' time to make available translation of the relevant records. List the matter on 19th April, 2023 as a first case.
On 27 July 2023 the order records: 1. Arguments heard, which remained inconclusive. 2. For further arguments, list on 01.08.2023.
On 20 September 2023 the order records: Arguments heard, which remained inconclusive. For further arguments, list on 21.09.2023 as a part-heard matter.
On 13 March 2024 the order records: On the joint request of learned senior counsel appearing on behalf of the appellant and learned Additional Solicitor General for the respondents, post this matter on 24.04.2024 at 2 p.m.
On 11 December 2024 the order records: For the reasons stated in the signed order, it would be appropriate to refer the issue to a larger Bench for answering the following questions: (i) Whether, possession of any vacant land can be taken by the competent authority without issuing any notice under Section 10(5) of the 1976 Act?
On 17 August 2026 the order records: Applications for intervention (IA No. 97151/2026 and IA No. 57707/2026) may be placed before the three-Judge Bench, which is seized of the reference made by a two-Judge Bench of this Court [cor. Hon'ble Surya Kant, J. (as the Chief Justice of India then was) and Hon'ble Dipankar Datta J.] vide order dated 11th December

Issues Before Court

In such a situation, where we are faced with decisions of coordinate Benches taking divergent views on the true and correct interpretation of Section 10 of the 1976 Act, it would be appropriate to refer the issue to a larger Bench for answering the following questions: (i) Whether, possession of any vacant land can be taken by the competent authority without issuing any notice under Section 10(5) of the 1976 Act?
Tion 10 of the 1976 Act expressly refers to the requirement of the competent authority to issue a notice in writing to the person in possession of the vacant land to surrender or deliver possession whereas no such requirement of notice in writing is expressed in sub-section (6), whether, in the absence of such express requirement, issuance of a notice in writing before the competent authority seeks to take possession of the vacant land has to be read into sub-section (6) and the requirement to issue a written notice in such a situation is a sine qua non?
UPON hearing the counsel the Court made the following O R D E R 6 For the reasons stated in the signed order, it would be appropriate to refer the issue to a larger Bench for answering the following questions: (i) Whether, possession of any vacant land can be taken by the competent authority without issuing any notice under Section 10(5) of the 1976 Act?

Procedural History

7 September 2018. It is an application for early hearing of the appeal. Having heard learned counsel for the parties, it is directed that the appeal be listed in the week commencing 26th November 2018.
6 February 2019. At the request of the learned counsel for the appellant, post the matter after two weeks.
24 October 2019. The petitioner is represented by Mr.C.A. Sundaram, Mr.Ranjit Kumar and Mr. Guru Krishna Kumar, learned senior counsel. Respondent-State is represented by Mr. Preetesh Kapoor, learned senior counsel along with Mr. A.P. Mayee, Advocate.
11 December 2019. At the request of the learned counsel for the parties, list the matter on 14th January, 2020.
12 February 2020. As prayed, list the matter on 26.03.2020 higher up on the Board. (MAHABIR SINGH) (BEENA JOLLY) AR-cum-PS BRANCH OFFICER
23 March 2023. Learned counsel for the respondent-State seeks and is granted two weeks' time to make available translation of the relevant records. List the matter on 19th April, 2023 as a first case.
19 July 2023. List on 26.07.2023. (SATISH KUMAR YADAV) (PREETHI T.C.) DEPUTY REGISTRAR
26 July 2023. Post the matter tomorrow i.e., 27.07.2023 as Item No.101.
27 July 2023. 1. Arguments heard, which remained inconclusive. 2. For further arguments, list on 01.08.2023.
1 August 2023. List on 06.09.2023. (SATISH KUMAR YADAV) (PREETHI T.C.) DEPUTY REGISTRAR
6 September 2023. Post the matter on 20.09.2023.
20 September 2023. Arguments heard, which remained inconclusive. For further arguments, list on 21.09.2023 as a part-heard matter.
21 September 2023. 1. Arguments remained inconclusive. 2. Post the matter for further hearing on 26.09.2023 as part heard.
26 September 2023. Post the matter on 05.10.2023.
24 November 2023. Post this matter on 17.01.2024.
21 February 2024. 1. Arguments from the appellant's side are concluded. 2. Post the matter on 13.03.2024 at 2 p.m. for the submissions on behalf of the respondents.
13 March 2024. On the joint request of learned senior counsel appearing on behalf of the appellant and learned Additional Solicitor General for the respondents, post this matter on 24.04.2024 at 2 p.m.
7 May 2024. Post the matter on 31.07.2024 at 2 p.m.
31 July 2024. Post this matter on 04.09.2024 at 2.30 p.m.
4 September 2024. Post this matter on 06.11.2024 at 2.30 p.m.
6 November 2024. List on 11.12.2024 at 2.30 p.m.
11 December 2024. For the reasons stated in the signed order, it would be appropriate to refer the issue to a larger Bench for answering the following questions: (i) Whether, possession of any vacant land can be taken by the competent authority without issuing any notice under Section 10(5) of the 1976 Act?
9 September 2025. 1. Issue notice. 2. Tag with Civil Appeal No.955 of 2017.
11 February 2026. IA No.328175/2025 No ground to entertain the application for early hearing is made out. The same is, accordingly, dismissed.
17 August 2026. Applications for intervention (IA No. 97151/2026 and IA No. 57707/2026) may be placed before the three-Judge Bench, which is seized of the reference made by a two-Judge Bench of this Court [cor. Hon'ble Surya Kant, J. (as the Chief Justice of India then was) and Hon'ble Dipankar Datta J.] vide order dated 11th December
Counsel named on these orders, not a complete vakalatnama, include the advocates listed below.

Advocates — Appellants: Mr. Vikas Singh, Mr. Pallav Sishodia, Mr. R.N. Singh, Mr. Rajivkumar, Mr. C.A. Sundaram, Mr. Ranjit Kumar, Mr. Guru Krishna Kumar, Mr. D.N. Ray, Ms. Astha Mehta, Mr. Sanjeev Gupta, Mr. Rajiv Kumar, Mr. D.N.Ray Advocates — Respondents: Mr. Pritesh Kapur, Ms. Hemantika Wahi, Ms. Jesal Wahi, Ms. Vishakha, Mr. Preetesh Kapoor, Mr. A.P.Mayee, Mr. A. Rajarajan, Mr. Pritesh Kapoor, Mr. Aniruddha P. Mayee, Mr. Sanjeev Kumar Choudhary, Ms. Deepanwita Priyanka, Ms. Aishwarya Bhati

Relief Sought & Granted

On 17 August 2026 the latest order on this record says: Applications for intervention (IA No. 97151/2026 and IA No. 57707/2026) may be placed before the three-Judge Bench, which is seized of the reference made by a two-Judge Bench of this Court [cor. Hon'ble Surya Kant, J. (as the Chief Justice of India then was) and Hon'ble Dipankar Datta J.] vide order dated 11th December

The court record used for this archive still shows the case as not disposed. No final relief is added beyond the words of the orders above.

Subjects

Speed up proceedings Civil appeals Land

Current position

PENDING · Latest recorded event 17 Aug 2026

Latest development

Latest recorded event 17 Aug 2026

Next hearing

11 Feb 2026

Important procedural note

Written only from 25 Supreme Court order file(s) for this case. No headnote or citation was added. 8 other files in the folder were left out.