JUDGMENT :

1. Rule. Learned advocate Mr. Pravin Gondaliya and learned Assistant Government Pleader Mr. Bharat Vyas waive service of notice of rule on behalf of respective respondents.

2. Heard Mr. Apurva Kapadia, learned advocate for the petitioner, Mr. Pravin Gondaliya, learned advocate for respondent No.5 and learned Assistant Government Pleader Mr. Bharat Vyas for respondent Nos.1, 2 & 4. Though rest of the respondents are served, they have chosen not to appear.

3. Considering the short issue involved in the petition, by consent of learned advocates for the parties, this petition is taken up for final hearing.

4. By way of the present petition, the petitioner has prayed for the following main reliefs:

“[B] Your Lordships may be pleased to quash and set aside the order dated 27.11.2020 passed by the respondent – Deputy Collector Revision Application No.M-Court Revision/BTD/2/2020.

[C] Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to stay implementation, operation and execution of the order dated 27.11.2020 passed by the respondent – Deputy Collector in Revision Application No.M-Court Revision/BTD/2/2020.”

5. The brief history giving rise to filing of the present petition are as under:

5.1 That in the year 2002 the petitioner purchased the land being revenue Survey No.189/2/1/1 admeasuring 8094 square meters and according to the petitioner he is cultivating the said land. The land of respondent No.5 is just adjacent to the land of the petitioner. It is the case of the petitioner that at the time of purchasing the land the approach road of the petitioner was passing through the field of respondent No.5. The petitioner after purchasing the land continued to use that road passing through field of respondent No.5. However, in February, 2015 as the respondent No.5 stopped the petitioner from using the aforesaid approach road, the petitioner preferred an application under Section 5 of the Mamlatdar Courts Act being Mamlatdar Court Act Case No.5 of 2015. The Mamlatdar carried out panchnama of the said land on 16.10.2015 and came to the conclusion that the respondent No.5 had put up fencing and thereby obstructing the way through which the petitioner could approach to his fields. Vide order dated 11.3.2016 Mamlatdar, Botad allowed the Mamlatdar Court Act Case No.5 of 2015 and restrained the respondent No.5 from creating any hindrance from using the road.

5.2 The respondent No.5 preferred Revision application as provided under Section 23(2) of the Mamlatdar Courts Act being Revision Application No.1/2016-17 before the Deputy Collector and vide order dated 30.3.2017 the Deputy Collector allowed the revision application filed by the respondent No.5.

5.3 The petitioner challenged the aforesaid order dated 30.3.2017 passed by the Deputy Collector, Botad before this Court by filing Special Civil Application No.15336 of 2017. Vide order dated 8.8.2018 this Court allowed the petition by quashing and setting aside the order of the Deputy Collector, Botad dated 20.3.2017 and remanded the matter to the Mamlatdar for fresh consideration.

5.4 After the remand, the Mamlatdar, Botad registered the aforesaid case as Remand Mamlatdar Court Case No.8 of 2015 and once again held in favour of the petitioner by allowing the suit preferred by the petitioner and directed the respondent No.5 to open the road for petitioner for ingress and egress without causing any hindrance. The aforesaid order was once again challenged by respondent No.5 by preferring revision application being Revision Application No.2/2020. Vide order dated 29.11.2020 the Deputy Collector, Botad allowed the revision application preferred by the respondent No.5 and quashed and set aside the order passed by the Mamlatdar, Botad (Rural) in Remand Mamlatdar Court Case No.8/2015. The said order is under challenge by way of the present petition.

6. Learned advocate Mr. Apurva Kapadia, submitted that a specific direction was given by a co-ordinate Bench of