JUDGMENT :

VAIBHAVI D. NANAVATI, J.

1. Heard Mr. Mihir Thakore, learned Senior Counsel with Mr. Saurabh Soparkar, learned Senior Counsel assisted by Mr. Dhruvin N. Dossani, learned advocate appearing for the petitioner, Mr. R.S. Sanjanwala, learned Senior Counsel assisted by Mr. Rohan Shah, Mr. Dhavsal Vyas, learned Senior Counsel assisted by Ms. Kitty S. Mehta, learned advocate appearing for the respondent no.6 and 4 respectively and Mr. Jayneel Parikh, learned AGP appearing for the respondent – State authorities.

2. Notice came to be issued on 03.02.2026 in the captioned petition, wherein, by interim order, the order dated 01.09.2025 passed by the Gujarat Revenue Tribunal in Revision Application No. BA/3 of 2014 is directed not to be implemented, till the next returnable date.

3. The Civil Application No. 1 of 2026 is preferred by the private respondent no.6 under Article-226 (3) of the Constitution of India, seeking vacation of ad-interim relief granted vide order dated 03.02.2026.

4. With the consent of the learned Senior Counsels appearing for the respective parties, the matter is taken-up for final hearing.

5. By way of the present petition, the petitioner herein challenges the impugned order dated 01.09.2025 passed by the learned Gujarat Revenue Tribunal (for short ‘the GRT’) in Revision Application No. BA/3/2014, duly produced at Annexure-A. Though the petitioner herein is not a party to the proceedings under the provisions of the Gujarat Tenancy and Agricultural Lands Act, 1948 (for short ‘the Tenancy Act’), from which the impugned order arises, nonetheless, seeks to challenge the said order, on the basis that the petitioner maintains the possession and other rights over the suit property, as mentioned in paragraph 2.5 of the petition, i.e. ‘Old Tenure Agricultural Land bearing Revenue Survey No. 231 (Old Survey No. 145 paiki) situated at District: Gandhinagar, Sub-District: Gandhinagar, Taluka: Koteshwar admeasuring 8323 sq.mtrs.’ [for short ‘the land in question/ land in dispute/subject matter land’], for adjudication of which, the petitioner has instituted Special Civil Suit No. 13 of 2026 before the learned Principal Civil Judge, Gandhinagar. The petitioner herein is directly affected by the impugned order, wherein, he has not been heard, the same has given rise to the filing of the present petition, for the following reliefs:

“VI: Prayer Clause

9. The Petitioner, therefore, prays as follows:

A. Be pleased to quash and set aside the order dated 01.09.2025 passed by the Ld. Gujarat Revenue Tribunal in Revision Application No.BA/3 of 2014; (Annexure-A).

B. Pending admission, hearing and final disposal of this Petition, be pleased to stay the operation, implementation and effect of the order dated 01.09.2025 passed by the Ld. Gujarat Revenue Tribunal in Revision Application No. BA/3 of 2014 (Annexure-A):;

C. Such further and other relief, order or direction which may be just, fit, proper and equitable in the facts and circumstances of the Petition.”

6.1. Briefly stated that, the petitioner herein is the legal heir of Bhagwandas Rochiram Sadhwani, who passed away on 02.10.2023, leaving behind three legal heirs, viz. Manoj Sadhwani, Neetu @ Kanchan Uttamchandani, and Kishor Sadhwani, wherein, by virtue of a Will dated 06.10.2022, bequeathed all the rights pertaining to the subject matter property to the petitioner including the right/ authority to take legal action regarding the same.

6.2. The respondents Nos. 4 and 5 being erstwhile owners of the subject matter property, sold the same to the respondent No. 6 on 31.03.2000 through three registered sale deeds bearing nos. 1595, 1596, and 1597. The respondent no.6 as owner of the subject matter property has executed an agreement to sale (for short ‘ATS’) and Possession Agreement in favour of the father of the petitioner on 28.01.2008 for the property in question, i.e. ‘Old Tenure Agricultural Land bearing Revenue Survey No. 231 (Old Survey No. 145 paiki) situated at District: Gandhin