ORAL ORDER

1. By way of this petition, the petitioner has prayed for quashing and setting aside the order dated 10.08.2015 passed by the Mamlatdr, Matar in Mamlatdar Courts Act / S.R.No.2 of 2015 and the order dated 01.12.2015 passed by the Deputy Collector, Kheda Prant in Mamlatdar Court Act Revision Appeal No.12 of 2015 confirming the order passed by the Mamlatdar, Matar dated 10.08.2015.

2. Heard learned advocate Mr.Sunilsinh J. Chauhan for the petitioners, learned advocate Mr.Nilesh M. Shah for contesting respondents and learned Assistant Government Pleader Mr.Akash Chhaya for the respondent – State authorities.

3.1 It is the case of the petitioners that Respondent Nos.1 to 11 herein made an application to Mamlatdar, Matar under Section 5 of the Mamlatdar Courts Act, 1906 (‘the Act’, for short) contending that the Block No.565 of Village : Ratanpur, Tal.Matar, Dist:Kheda belonged to them and Block No.566 belong to the present petitioners. The respondents were using a passage from Block No.566 to reach their land which is situated at Block No.565 since ancestral time.

3.2 It is alleged that the present petitioners blocked the right of way of Respondent Nos.1 to 11 and, therefore, they preferred an application under Section 5 of ‘the Act’ which was numbered as Mamlatdar Court Act / S.R.No.2 of 2015.

3.3 After issuing notice to the present petitioners, the petitioners responded to that proceedings and Mamlatdar, Matar conducted the hearing of the suit preferred by the present respondent nos.1 to 11 and ultimately vide order dated 10.08.2015 allowed the suit preferred by the Respondent Nos.1 to 18 and by relying upon the Panch Rojkam of the site and by relying upon tracing of the map directed to the present petitioners to remove wire fencing done by them on Block No.565 and directed to have the respondents herein – plaintiffs of suit preferred under Section 5 of ‘the Act’ their ingress and egress.

3.4 Being aggrieved by the aforesaid order, the present petitioners preferred Revision Application under Section 23 of ‘the Act’ before the Deputy Collector, Kheda which was numbered as Mamlatdar Court Act Revision Appeal No.12 of 2015.

3.5 However, the aforesaid appeal was rejected vide order dated 01.12.2015 by the Deputy Collector, Kheda Prant and order of the Mamlatdar, Matar dated 10.08.2015 passed in Mamlatdar Court Act / S.R. No.2 of 2015 was confirmed and, therefore, being aggrieved and dissatisfied with the aforesaid two orders, the present petitioners preferred this petition.

4. Heard learned advocate Mr.Sunilsinh J. Chauhan for the petitioners, learned advocate Mr.Nilesh M. Shah for contesting respondents Nos.1 to 11 and learned Assistant Government Pleader Mr.Akash Chhaya for the – State authorities – Respondent Nos.12 and 13.

5.1 From the record learned advocate Mr.Chauhan for the petitioners pointed that while passing the impugned order dated 10.08.2015, the Mamlatdar, Matar has not followed the procedures prescribed under the Act. He pointed out that Mamlatdar, Matar did not inform the petitioners about the issuance of summons for spot inspection so as to enable them to remain present at the spot at the time when Panch Rojkam was to take place. He further submitted that even the issues were not framed which are mandatory as per Section 19 of ‘the Act’.

5.2 Learned advocate Mr.Chauhan relied upon the order dated 18.02.2016 passed in Special Civil Application No.258 of 2016 and submitted that in similar set of facts and circumstances since the procedures prescribed under ‘the Act’ were not followed by the Mamlatdar, the matter was remanded back to the Mamlatdar by quashing and setting aside the order passed by the Mamlatdar and Deputy Collector and hence he submitted that present petition may also be remanded back to the Mamlatdar, Matar for considering it afresh by quashing and setting aside the orders passed by the Mamlatdar, Matar and the Deputy Collector, Kheda Prant.

6.1 Learned advocate Mr.Nilesh Shah for Respondent Nos.1 to