Land Encroachment Case: Yusuf Pathan Seeks Time From Gujarat High Court To Pursue Plot Claim Under State Policy

Cricketer Yusuf Pathan told the Gujarat High Court on Monday (June 15) that he is pursuing his case under a policy before the State government under which other cricketers have also been allotted land. 

The submission was made in Pathan's appeal against a single judge's August 2025 order which had found the cricketer to be an "encroacher" on government land in Vadodara, after noting that no allotment order was issued to him and he was occupying the site without paying consideration.

Appearing for Pathan, senior advocate Shalin Mehta submitted before a division bench of Chief Justice Sunita Agarwal and Justice DN Ray, "we have moved a CA (application). May we request for 2-3 weeks. We are pursuing our case under the policy. We have brought the policy on record. We are hopeful that under the policy, because we are entitled, other cricketers are given, we will be given". 

For context, Mehta had earlier argued that the policy was a state government policy of 25-10-1999 that addresses the issue of allotment of plot on certain conditions to international cricketers. He had argued last week that the policy was not on record before the single judge and sought to place the same on record, arguing that as per this policy the cricketer will be entitled to the plot and all the conditions mentioned were fulfilled. 

The court orally said, "Whatever time you are taking, be mindful of the fact that more time you take more damages you will have to pay. Please keep it in mind. We have no difficulty in giving time because you have lost in one court already". Mehta submitted that he will convince the court that under the policy a case is made out. 

The court however orally said, "For the period from 2014-2026, you occupied the premises. Even if there was a policy there was no decision in your favour. You continued to occupy the premises for this period without paying a single penny. So even if today you get under the policy, you have to pay damages for that period. More time you take, more damages you will have to pay. We are just conveying this". 

Meanwhile Mehta said, "Even if the government passes an order, they will charge that. It will be today's market value. I will not be able to say no. 3-4 weeks, it will be over".

The court thereafter listed the matter after four weeks. 

Before the single judge Pathan had challenged a June 6, 2024 notice/order of the state government, rejecting Vadodara Municipal Corporation's (VMC) proposal to allot a plot measuring 978 Sq.meters in favour of Pathan on lease for 99 years, without holding any public auction. The order further directed VMC to do the needful to remove encroachment from plot in question on urgent basis.

Pathan had sent a representation for allotment of the land in 2012; a decision was taken to ascertain market value and a proposal to allot the same to the petitioner without following auction procedure was considered by VMC.

The single judge had held that "long possession" of the plot by Pathan, without paying consideration, would not give him any rights over the land adding that it cannot perpetuate such an illegality. Finding Pathan to be an encroacher the court said that there was no order passed allotting the plot to him.

The single judge had also reiterated that celebrities are social role models and by virtue of their fame and public presence they wield substantial influence on public behaviour hence granting leniency to them despite their non-abeyance of law gives wrong message to the society.

Case title: YUSUF MEHMUDKHAN PATHAN v/s STATE OF GUJARAT & ANR.

R/CA/2258/2026 IN F/LPA/7274/2026 IN R/SCA/9027/2024