Reserved On : 24/02/2026 Pronounced On : 11/03/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 18784 of 2022 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Sd/-

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Approved for Reporting Yes No 

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PATEL PRAHLADBHAI REVABHAI & ORS.

Versus PATEL REVABHAI VIRCHANDBHAI & ORS.

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Appearance:

MR R G CHAUDHARY(6428) for the Petitioner(s) No. 1,2,3,4,5 MS. SURBHI BHATI, LD. ASST. GOVERNMENT PLEADER for the Respondent(s) No. 6,7 MR AMIT N CHAUDHARY(5599) for the Respondent(s) No. 1,2,3,4,5 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

CAV JUDGMENT

1. By this writ application under Article 226 of the Constitution of India, the writ applicants have prayed for the following reliefs;

“(A) This Hon’ble Court may be pleased to admit and allow this petition;

(B) This Hon’ble Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus, quashing and setting aside the order dated 09.05.2022 and the order dated 30.06.2021 passed by respondent no.6 and 7 at Annexure ‘A’ and ‘B’ granting the suit no.03/2020 and rejecting the Revision Application No.04/2021 and direct the respondent no.1 to 5 to not to interfere in the way which are being used by the present petitioner situated in old survey no.65/1 which is shown in the broken line in the map and also situated in between old survey nos.70 and 65/1, (C ) Pending admission, hearing and final disposal of this petition, this Hon’ble Court may be pleased to stay execution, implementation and operation of the order dated 30.06.2021 and the order dated 09.05.2022 passed by the respondent 6 and 7 at Annexure ‘A’ and ‘B’ and direct the respondent no.1 to 5 not to interfere in the way which are being used by the present petitioner.

(D) This Hon’ble Court may be pleased to grant any other and further relief which this Hon’ble Court may deem just, fit and proper.”

2. Facts, in brief, giving rise to the filing of the present application, may be summarized as under;

2.1 It is the case of the original plaintiffs-respondents herein that they are the joint co-owners and occupiers of an agricultural land being Survey No.66 (New Survey No.129) and Survey No.67 (New Survey No.128) situated at village: Mahmadpur, Taluka: Visnagar, District: Mehsana. It is further the case of the original plaintiffs-respondents that there is a ‘Naliyu’ (a small unsurfaced road) on the northern side of Survey Nos.66 and 67. It is further the case of the original plaintiffs-respondents that this ‘Naliyu’ (new No.448) is shown in the village map being used by the plaintiffs for ingress and egress to go to their field with plough, bullock carts, tractors etc. It is further the case of the original plaintiffs-respondents that there is also a ‘Naliyu’ on the northern side of old Survey No.65, however, the original defendants-writ applicants have closed it by embedding cactus, and therefore, the original plaintiffs-respondents have filed the suit bearing suit no.03/2020 before the Ld. Executive Magistrate, Visnagar under Section 5(2) of the Mamlatdar Courts’ Act, 1906. The said suit is allowed by the Executive Magistrate, being aggrieved by which, the original defendants-writ applicants preferred a revision application being Revision Application No.04/2021 under Section 23(2) of the Act, 1906 before the Ld. Sub Divisional Magistrate, Visnagar, however, the said revision application has been dismissed by the Ld. Sub Divisional Magistrate, being aggrieved by which, the original defendants-

writ applicants have filed the present writ application.

3. Learned advocate Mr. R.G.Chaudhary appearing for the writ applicants submits that the impugned orders passed by both the revenue authorities are illegal, unjust, arbitrary and