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NEUTRAL CITATION

C/SCA/4788/2024 ORDER DATED: 06/04/2026

0.4851282522456617

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 4788 of 2024

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PREMJIBHAI DHANJIBHAI RATHOD & ORS.

Versus THE DEPUTY COLLECTOR & ORS.

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Appearance:

MR. DILIP M. SAVUKIYA(14188) for the Petitioner(s) No.

1,10,2,3,4,5,6,7,8,9 VATSAL S PARIKH(7452) for the Petitioner(s) No.

1,10,2,3,4,5,6,7,8,9 MR SHEGUN B CHOKSHI(12790) for the Respondent(s) No. 3

MR SP MAJMUDAR(3456) for the Respondent(s) No. 3 MR SIDDHARTH DESAI for the Respondent(s) No. 1,2

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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

Date : 06/04/2026

ORAL ORDER

By filing present petition under Article 226 of the Constitutions of India as well as under the provision of the Mamlatdar Courts Act, the petitioners have challenged the order dated 15.12.2023 passed by the respondent – Deputy Collector as well as the order

dated 31.07.2023 passed by the respondent – Mamlatdar.

Heard learned advocate, Mr. Dilip Savukiya for the petitioners, learned AGP Mr. Siddharth Desai for the respondent nos.1 and 2 and learned advocate,

Mr. S.P. Majmudar for the respondent no.3.

Learned advocate, Mr. Savukiya referred to the facts of the case including the documents produced on record and submitted that in fact, the impugned

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NEUTRAL CITATION

C/SCA/4788/2024 ORDER DATED: 06/04/2026

0.4851282522456617

order is non-speaking order and is cryptic order and it has been passed without granting opportunity to the petitioners herein, therefore only on that ground alone, the present petition may be allowed and the impugned orders may be quashed and set aside. He submitted that the respondent no.3 herein had purchased the land bearing Survey No.183 pk.1, which was agricultural land, however subsequently after the purchase of the land, it has been converted into non- agricultural use and for ingress and egress purpose, the petitioner was using the land passing behind the said land since long and there is no other alternative way available for the petitioner, however, the said way has been blocked, which resulted into filing of the suit by the petitioner before the respondent – Mamlatdar, who without properly considering the facts of the case, dismissed the said suit, therefore, the said order was challenged before the respondent – Deputy Collector, who also rejected the revision application preferred by the petitioners reiterating the reasons, which have been given by the respondent – Mamlatdar and thus, no independent reasons have been

assigned.

Learned advocate, Mr. Savukiya referred to the impugned orders passed by the respondent authorities and submitted that if the Hon’ble Court would make cursory glance upon those orders, in that event, it is found out that after filing of the suit by the petitioners, without issuing notice upon them, straightway, site visit was made for the purpose of

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NEUTRAL CITATION

C/SCA/4788/2024 ORDER DATED: 06/04/2026

0.4851282522456617

preparing panchnama and in absence of the petitioners, a panchnama has been prepared and, thereafter, the impugned order came to be passed by the respondent – Mamlatdar and when the said fact was pointed out to the respondent – Deputy Collector, without considering the said aspect, the revision application preferred by the petitioner came to be rejected incorporating the order passed by the respondent – Mamlatdar. He, therefore, submitted that admittedly there is violation of principle of natural justice, therefore, this Hon’ble Court may be pleased to interfere with the same by

remanding the matter back for fresh consideration.

On the other ha