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2026 Supreme(Online)(Guj) 13743

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Vaibhavi D. Nanavati, J
THAKOR TALSHIBHAI KARAMSHIBHAIV/sMAMLATDAR AND ALT SANTALPUR VARAHI
R/SPECIAL CIVIL APPLICATION NO. 5640 of 2026 | C/SCA/5640/2026



Advocates:
For the Appellants/Petitioners: Malav M Mulani
For the Respondents: Government Pleader

The court granted an interim stay on the Mamlatdar's order passed under Section 32(g) of the Tenancy Act, directing that it not be acted upon until the next hearing date.

Headnote:(A) Tenancy Law - Section 32(g) of Tenancy Act - Challenge to Mamlatdar's order - Interim stay granted pending notice to respondents. (Para 2, 5)

Issues: Whether the order dated 17.03.2026 passed by the Mamlatdar and ALT should be stayed pending the final disposal of the petition.

Table of Content
1. challenge to mamlatdar's order under tenancy act and factual background of pending civil suit. (Para 1 , 2 , 3)
2. issuance of notice and granting of interim stay. (Para 4 , 5)

ORAL ORDER

1. Heard learned advocate Mr. M.M. Mulani appearing on behalf of the petitioner.

2. By way of the present petition, the petitioner had challenged the order dated 17.03.2026 passed by the Mamlatdar and ALT, Santalpur at Varahi. The order is passed under Section 32 (g) of the Tenancy Act, with certain directions.

3. It is submitted by learned advocate Mr. Mulani that by communication dated 06.07.2021, wherein an application is filed by the private respondents herein for depositing the amount for purchase of the land. The Mamlatdar communicated that the said application would be decided upon once the Civil Suit pending before the competent civil Court is decided. It is submitted that the respondents preferred second application on 25.09.2023 for the same reason, which was also consigned ‘to file’ on 02.03.2024 (page-85), a notice dated 16.11.2023 was issued by the Mamlatdar for adjudicating the same issue, which was challenged by the petitioner herein by way of Special Civil Application No. 4129 of 2024, which is pending before this Court, where the same is granted by the impugned order dated 17.03.2026. It is also submitted that the application below Exh-5 is listed for hearing on 18.06.2026. It is submitted that the communication dated 06.07.2021 has attained finality and in view, thereof, the present order even otherwise is a nullity in the eye of law.

4. Issue Notice to the respondents, making it returnable on 19.06.2026.

5. In the interregnum period, the order dated 17.03.2026 is directed not to be acted upon in the interest of justice till the next returnable date.

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