IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 1105 of 2026 =============================================

DHADHAL SAMATBHAI POLABHAI Versus THE MAMLATDAR AND EXECUTIVE MAGISTRATE & ORS.

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Appearance:

MS MAMTA S RAJPUT(13215) for the Petitioner(s) No. 1 MR DHAVAL TRIVEDI, AGP for the Respondent(s) No. 1,2,3 =============================================

CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI Date : 09/02/2026

ORAL ORDER

1. Mr. Hasmukh S. Solanki, learned advocate appearing for the petitioner has tendered draft amendment, dated 09.02.2026, which is taken on record. The same is allowed. To be carried out forthwith.

2. Heard Mr. Hasmukh S. Solanki, learned advocate for Ms. Mamta S. Rajput, learned advocate appearing for the petitioner and Mr. Dhaval Trivedi, learned AGP appearing for the respondents – State.

3. Mr. Solanki, learned advocate for the petitioner submits that the impugned notice dated 23.01.2026 under Section 202 of the Gujarat Land Revenue Code, 1879 is issued by the City Survey Superintendent, Thangadh, (Annexure – A), to the petitioner herein, directing to remove the encroachment on 07.02.2026. The learned advocate submits that against the order dated 23.01.2026 passed under Section 61 of the Land Revenue Code in Daban/Case No.2/2025, the petitioner has a right for statutory Appeal and the limitation period prescribed is 90 days. He submits that till the said limitation period is over, the respondent authority should not take any coercive action since the petitioner proposes to approach the learned Gujarat Revenue Tribunal.

4. Mr. Dhaval Trivedi, learned AGP submits that the revenue authority shall follow due procedure under the Land Revenue Code.

5. Considered the submissions of the learned advocates appearing for the respective parties.

6. In view of statutory Appeal provided against the order under Section 61 of the Land Revenue Code, the authorities are directed not to take any coercive steps till the limitation period is over.

6.1 Further, the revenue authority shall follow due procedure in accordance with law as prescribed under the Land Revenue Code upon completion of the statutory period of preferring the appeal as provided under the Code. The impugned notice issued by the City Survey Superintendent, Thangadh, dated 23.01.2026, under Section 202 of the Code, in the interest of justice, is quashed and set aside.

7. It is made clear that, this Court has not gone into the merits of the case and no opinion is expressed thereon. All the contentions are kept open to be agitated before the appellate forum.

8. The Special Civil Application is accordingly disposed of.

Direct service is permitted. (VAIBHAVI D. NANAVATI,J)

NEHA