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NEUTRAL CITATION

C/SCA/4419/2026 ORDER DATED: 27/03/2026

0.2446645709031675

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 4419 of 2026

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SHIVJI GOVIND VASANI & ANR.

Versus COLLECTOR, KUTCH & ORS.

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Appearance:

MR AR THACKER(888) for the Petitioner(s) No. 1,2 SHIVANG A THACKER(7424) for the Petitioner(s) No. 1,2

MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2,3 ==========================================================

CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

Date : 27/03/2026

ORAL ORDER

1. Heard Mr. Shivang A. Thacker, 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 11.03.2026 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 18.03.2025 before the Gujarat Revenue Tribunal (G.R.T.) by way

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NEUTRAL CITATION

C/SCA/4419/2026 ORDER DATED: 27/03/2026

0.2446645709031675

of a statutory appeal. It is also the case of the petitioners that though such appeal is filed, if the notice under section 202 of the Code issued on 11.03.2026 is permitted to be implemented, 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. Parikh, the learned AGP upon instructions submits that the application for condonation of delay pending before the G.R.T.

be directed to be decided within a period of two weeks.

4. 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 18.03.2025 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

11.03.2026.

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NEUTRAL CITATION

C/SCA/4419/2026 ORDER DATED: 27/03/2026

0.2446645709031675

5. The said notice dated 11.03.2026 issued under section 202 of the Code is directed to be kept in abeyance till the learned G.R.T. decides the application seeking condonation of delay as also the learned G.R.T. is convinced with respect to the delay that has occurred in filing the Appeal which is duly produced on record at page-25, the application seeking stay, if any, filed by the petitioners herein, be decided in accordance with law upon following cardinal principles of natural justice within a period of two

weeks from the receipt of this order.

5. Needless to say, the petitioners herein are expected to

cooperate in the proceedings before the learned G.R.T.

6. This Court has otherwise not expressed any opinion on the merits of the matter. Liberty is reserved upon the respect – State to

act in accordance with law. Direct service is permitted.

(VAIBHAVI D. NANAVATI,J)

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