Gujarat High Court Orders Status Quo Over Demolition Of Cow-Shelter, Seeks Affidavit From District Collector On 'Conduct'

The Gujarat High Court on Thursday (January 15) directed status quo over demolition of a Gaushala (cow-shelter) located near a temple in Chotila, Surendranagar after the petitioner claimed that despite oral assurance given earlier today by the authorities action of removal was still being taken. 

For context, earlier in the day the counsel for the petitioner–a trust– had submitted before Justice Niral R Mehta that demolition was going on at that time and that the concerned Deputy Collector had taken the action without giving any notice. 

She had said, "...admittedly we are on government land since the last 80 years. At present Navgrah temple is there, and Gaushala is there. The lodge/Dharamshala which was there has already been demolished on January 12 without serving any notice. At present they have started taking out cows from Gaushala and at present, as per latest instruction, they have instructed us to take out everything from the temple..."

The counsel had then sought for breathing time arguing that the authorities may stay their hands and temple as well as Gaushala which contains 28 cows, may not be touched. The court had then orally told the counsel for the authorities not to take action for the time being.

After the matter was heard in the second session, the court in its order dictated:

"In the first session the learned AGP sought time to file affidavit in reply however at that moment the learned advocate for petitioner had shown her apprehension of any high handed action in the meantime. Learned AGP under instruction assured this court that situation will not be changed in the meantime.  It was further assured that whatever the situation is prevailing as on at 12:40 pm would be preserved. Accordingly the petition was adjourned to Tuesday for necessary reply to be filed by the State. However in the second half the present matter was mentioned by the learned advocate Ms Shah espousing her grievance that despite their being assurance given in the first half the deputy collector Chotila is not complying with such assurance and high handed action is underway".

The court noted that the petitioner had, to substantiate her contention, placed reliance on couple of photographs which shows that "JCB machines are actually on duty".

As against the same, Counsel for the State had also sought to clarify that the assertion of the other side is not correct and that the assurance given in first half is abided by. 

"This court is of the opinion that so as to avoid further complication, let there by status quo as of now till the next date of hearing. List this matter on January 20 for further consideration. By the next date the Deputy Collector Chotila is directed to file an affidavit explaining the conduct of today including on merits," the court directed.

Since the petitioner contended that the shed of the Gaushala has been removed and that in the meantime temporary arrangement for cows be permitted, the court permitted the same till the next date of hearing.

"It is clarified that the arrangement has to be temporary only. By next date photographs of the temporary arrangement be provide. Permitting temporary structure for preservation of cows is just a stop gap arrangement which would not create any additional right in favour of petitioner,"the court added. 

Case title: DASHNAM GAUSWAMI SAMAJ SEVA TRUST, CHOTILA v/s  STATE OF GUJARAT THROUGH DISTRICT COLLECTOR & ORS.

R/SCA/549/2026