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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, C.J., D.N.RAY
Dhansukhbhai Jerambhai Prajapati – Appellant
Versus
Gumansinh Bhikhubhai Desai – Respondent
| Table of Content |
|---|
| 1. appeal against dismissal of writ petition (Para 1 , 2 , 3) |
| 2. contention on right of way and proceedings (Para 4 , 5 , 6) |
| 3. dispute over obstruction and mou (Para 7 , 8) |
| 4. observations on site inspection and evidence (Para 9 , 10) |
| 5. affidavits supporting right of way claim (Para 11 , 12) |
| 6. rejection of interference by learned single judge (Para 13 , 14) |
| 7. failure in proper site inspection procedures (Para 15 , 16) |
| 8. legalities around cause of action (Para 17 , 18) |
| 9. arguments for and against judgment (Para 19 , 20) |
| 10. judicial observations on review criteria (Para 21 , 22) |
| 11. legal standards established in earlier case law (Para 23 , 24) |
| 12. relevance of inspection report to proceedings (Para 25 , 29) |
| 13. importance of substantive inquiry in land disputes (Para 26 , 27) |
| 14. final judgment set aside and remitted (Para 31 , 32 , 33 , 34) |
JUDGMENT :
SUNITA AGARWAL, C.J.
1. This Intra-court appeal is directed against the judgment and order dated 12.01.2026 passed by the learned Single Judge in dismissing the writ petition challenging the orders dated 08.02.2024 passed by the Mamlatdar under the Mamlatdars’ Courts Act’ 1906 (for short, “the Mamlatdars’ Act” or “the Act’ 1906
Procedural lapses in inquiries under the Mamlatdars’ Courts Act invalidate findings; due care is required to ensure proper legal process.
The judgment established the mandatory nature of the provisions under Section 19(2) and (3) of the Mamlatdars’ Courts Act, emphasizing the statutory obligations of the Mamlatdar to follow the prescri....
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