IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 2077 of 2026 ==============================================================

DHANJIBHAI NATHABHAI PARMAR & ORS.

Versus STATE OF GUJARAT & ORS.

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Appearance:

PRATEEK S BHATIA(8629) for the Petitioner(s) No.

1,10,11,12,2,3,4,5,6,7,8,9 MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2,3 ==============================================================

CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI Date : 19/02/2026

ORAL ORDER

1. Heard Mr. Prateek S. Bhatia, learned advocate appearing for the writ-applicants and Mr. Jayneel Parikh, the learned AGP appearing for the respondent State.

2. By way of present petition, the petitioners herein are aggrieved by the issuance of the notice dated 27.01.2026 issued by the respondent no. 3 – Mamlatdar and Executive Magistrate under Section 202 of the Gujarat Land Revenue Code, 1879. It is the case of the petitioners herein that the petitioners herein have challenged the order passed under Section 61 of the Code dated 23.01.2026 before the Gujarat Revenue Tribunal (G.R.T.) by way a statutory appeal. It is also the case of the petitioners that though such appeal is filed, if the the statutory appeal preferred by the petitioners as such would be rendered infructuous and the same would adversely affect the rights of the petitioner. It is requested that the appeal pending before the learned G.R.T. be directed to be decided within a period of two weeks from the date of receipt of this order.

3. Mr. Prateek S. Bhatia, the learned advocate submits that the petitioners have raised the in the appeal wherein, the petitioners seek the benefit of the Government Resolution dated 18.07.2013 and the regulations 2010 also be taken into consideration and the said appeal be decided in accordance with law.

4. Mr. Parikh, the learned AGP upon instructions submits that the appeal pending before the G.R.T. be directed to be decided within a period of two weeks.

5. Having heard the learned advocates appearing for the respective parties, it is not in dispute that the petitioners herein have challenged the order passed under Section 61 of the Code dated 27.01.2026 by preferring a statutory appeal as provided under the Code. It emerges from the record that the impugned notice came to be issued under Section 202 of the Code on 27.01.2026. It further emerges that if the implemented, the appeal pending before the G.R.T. would as such be rendered infructuous. In the interest of justice, the impugned notice issued under section 202 of the Code dated 27.01.2026 is quashed and set aside. The appeal, if any, preferred before the G.R.T. be decided within three months from the date of receipt of this order in accordance with law and upon following cardinal principles of justice. Needless to say that the petitioners are also expected to cooperate in the proceedings before the G.R.T.

6. This court has otherwise not opined upon the merits of the matter. Liberty is reserved upon the respondent-State to act in accordance with law after once the appeal proceedings are concluded.

7. The representations made by the petitioner to seek the benefits of the Government Resolution of 2013 and the regulations 2010 also be decided by the respondent- State in accordance with law. The present petition stands disposed of, with the aforesaid directions.

(VAIBHAVI D. NANAVATI,J)

KUMKUM