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NEUTRAL CITATION

C/SCA/2130/2026 ORDER DATED: 27/03/2026

0.45853012005471594

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 2130 of 2026

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CHAGANBHAI BHAVABHAI DAFDA & ORS.

Versus THE STATE OF GUJARAT & ORS.

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Appearance:

MR AR THACKER(888) for the Petitioner(s) No. 1,2,3 MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2,3,4 MR HARESH H KANTHECHA(11494) for the Respondent(s) No. 5

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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI Date : 27/03/2026

ORAL ORDER

1. Heard Mr. Shivang Thacker, the learned advocate appearing for the petitioners and Mr. Haresh H. Kanthecha, the learned advocate appearing for the

private respondent No.5.

2. The petitioner herein by way of present petition prayed for the following reliefs:

“31(A) To admit and allow this petition.

(B) To issue a writ of mandamus or a writ in the nature of mandamus or a writ of mandamus or a writ in the nature of mandamus or other appropriate writ, order or direction, quashing and setting aside the order dated 4.2.2026 passed by Mamlatdar, Bhachau in

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NEUTRAL CITATION

C/SCA/2130/2026 ORDER DATED: 27/03/2026

0.45853012005471594

Case No. TEN-K-122/KUTCH/02/2025. (Annexure-S).

(C) To issue a writ of mandamus or a writ in the nature of mandamus or a writ of mandamus or a writ in the nature of mandamus or other appropriate writ, order or direction, quashing and setting aside the directions to file the application under Section 122 issued by the Respondent No.3 in order dated 4.7.2025 passed by Deputy Bhachau in Case No. JMN/108(5)/Delay Condonation-Appeal/Case No. 173 of 2024. (Annexure-O) as the same are issued without

jurisdiction.

(D) Hon'ble High Court be please to take appropriate action against the Mamlatdar not following the judgment passed in SCA No. 10937 of 2024 at

(Annexure-T),

(E) Pending admission, hearing and final disposal of the above Special Civil Application, to stay the execution, implementation and operation of order dated 4.2.2026 passed by Mamlatdar in Case No. TEN-K-122/ KUTCH/02/2025 (Annexure-S) and further be pleased to restrain respondent nos.1 to 4 from taking possession

of the lands in question from petitioners.

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NEUTRAL CITATION

C/SCA/2130/2026 ORDER DATED: 27/03/2026

0.45853012005471594

(F) The Hon'ble Court may kindly be pleased to grant any other appropriate relief as the nature

circumstances of the case may require. (G) To award the cost of this petition.”

3. Notice came to be issued on 19.02.2026, the following order was passed:

“1. Heard Mr. Shivang Thacker, the learned advocate appearing for the writ-applicants.

2. By way of the present petition, the petitioner herein being aggrieved and dissatisfied by the order dated 4.2.2026 passed by the learned Mamlatdar, Bhachau wherein, upon the complaint filed by person having no right, title and interest on the property upon an order passed by the learned Deputy Collector wherein the said third party preferred an appeal under Section 108(5) of the Code challenging all the entries made in favour of the petitioners herein as back as from the year 2006 wherein while rejecting such appeal, the Deputy Collector kept it open for the third party to challenge the status of the petitioners

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NEUTRAL CITATION

C/SCA/2130/2026 ORDER DATED: 27/03/2026

0.45853012005471594

as agriculturist. In view thereof, the learned Mamlatdar under Section 122 of The Gujarat Tenancy and Agricultural Lands Act (Vidarbh & Kutch), Act 1958, allowed the application and passed impugned

order.

3. Mr. T