The court allows petitioners to challenge eviction notices while emphasizing the appropriate authority for appeals under the Gujarat Land Revenue Code.

ORDER :

(NIKHIL S. KARIEL, J.)

1. Heard learned Advocate Mr. Dipen Chaudhary on behalf of the petitioners and learned Assistant Government Pleader Mr. Nikunj Kanara for the respondent – State.

2. By way of this petition, the petitioners challenge notice dated 11.03.2025 under Section 202 of the Gujarat Land Revenue Code, which is issued consequent to order passed by the Mamlatdar, Satlasana in the proceedings, under Section 61 of the Gujarat Land Revenue Code, dated 17.01.2025.

3. It is the case of the petitioners that the petitioners are owners and occupiers of the land bearing Survey No.120 paiki 269 situated at village: Satlasana, Taluka : Satlasana, District: Mehsana, and whereas the proceedings referred to hereinabove, arise from a notice issued to Mamlatdar, Satlasana, on 14.10.2024 under Section 61 of the Gujarat Land Revenue Code.

4. Learned Advocate Mr. Chaudhary would submit that while the notice had been issued only to petitioners and whereas the petitioners had appeared before the Mamlatdar and had submitted their objections and whereas the said objections having not been considered, and the Mamlatdar having passed an order dated 17.01.2025 directing the petitioners to vacate their possession over the property in question, the petitioners have approached the Deputy Collector, Kheralu by preferring Appeal No. 1 of 2025 and whereas the grievance raised is that the Deputy Collector has not heard either the appeal or the application for interim relief and during such period, the petitioners have been served with a notice dated 11.03.2025 under section 202 of the Land Revenue Code calling upon the petitioners to vacate the land in question failing which appropriate action would be taken.

5. Learned Assistant Government Pleader Mr.Kanara who would submit that it would not be the Deputy Collector but the Gujarat Revenue Tribunal which would be competent to hear an appeal /revision against an order passed by Mamlatdar under Section 61 of the Land Revenue Code and whereas it is submitted that the order of the Mamlatdar may be stayed by this Court for a short period of time during which the petitioners may avail appropriate remedy.

6. As against the same, learned Advocate Mr. Chaudhary would submit that it is not the learned GRT, but the Deputy Collector, who would be competent to decide the Revision Application / Appeal, which has been preferred by the petitioners.

7. Considering the submissions made by learned Advocates for the respective parties, while it would appear that against order passed by the Mamlatdar dated 17.01.2025, the petitioners have approached the Deputy Collector and the grievance being raised is that the Deputy Collector has not even heard the application for interim relief, on the other hand it is being submitted by the learned AGP on behalf of the State that the jurisdiction to hear an appeal against an order passed under Section 71 would lie with Gujarat Revenue Tribunal.

8. Considering the facts of the present case while this Court would refrain from going into the question as regards jurisdiction, and whereas it would appear to this Court that staying the order of the Mamlatdar and asking the petitioners to avail appropriate remedy would be the best course of action, the following directions are issued:

(a) The petitioners are liberty to challenge the notice dated 14.10.2024 under Section 61 of the Gujarat Land Revenue Code, order dated 17.01.2025 in Case No.1/2024 under Section 61 of Gujarat Land Revenue Code and notice dated 11.03.2025 under Section 202 of the Gujarat Land Revenue Code before the Deputy Collector, Kheralu, which the petitioners already done vide Appeal No.1/2025 or before the learned GRT as the case may be and whereas either of the authorities where the petitioners approach, shall decide the application for interim injunction, which would be preferred by the petitioners within a period of 30 days from the date of receipt of order of this Court.

(b) Till 30 days from the date, when the order