IMTYAJALI MEMOODALI DIWANversusSTATE OF GUJARAT

     C/SCA/839/2026                             ORDER DATED: 21/01/2026




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO. 839 of 2026
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             IMTYAJALI MEMOODALI DIWAN
                         Versus
               STATE OF GUJARAT & ORS.
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Appearance:
MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1
MR. ANGESH A. PANCHAL, AGP for the Respondent(s) No. 1,2,3
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 CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                          Date : 21/01/2026

                            ORAL ORDER

1.            RULE, returnable forthwith. Mr. Angesh A. Panchal

learned AGP waives service of Rule on behalf of the respondent –

State. With the consent of the learned advocates appearing for the

respective parties, the matter is taken-up for final hearing.


2.            Heard Mr. S.P. Majmudar, learned advocate appearing

for the petitioner and Mr. Angesh A. Panchal, learned AGP

appearing for the respondents.


3.            By way of present petition, the petitioner herein has




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prayed to quash and set aside the impugned order dated 06.01.2026

passed by the respondent no.2 as well as notice / order dated

06.12.2025 issued by the respondent no.2 under the Land Revenue

Code, 1879 (for short ‘the Code’). [Annexure-F Collectively].


4.            Mr. Majmudar, learned advocate appearing for the

petitioner submits that the petitioner herein is issued an order

under Section 61 of the Code, on 06.01.2026 duly produced at

Annexure – F to the petition, wherein, the respondent authority has

directed to remove the encroachment within a period of one week.

It is submitted that the petitioner herein is in process of preferring

an appeal. In view thereof, the impugned notice be directed not to

be acted upon. It is submitted that the notice under Section 202 of

the Code, 1879 was issued prior to the issuance of the order under

Section 61 of the Code i.e. on 17.12.2025. It is submitted that such

exercise of powers is beyond the scope of the Code, wherein, the

notice under Section 202 of the Code cannot be preceded by the

order under Section 61 of the Code.


5.            Mr. Jwalant Vora, learned AGP appearing for the

respondents submits that the respondent authority shall follow due


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procedure under the Code.


6.            Considering the submissions advanced by the learned

advocates appearing for the respective parties, in view of statutory

Appeal provided against the order under Section 61 of the Code,

the limitation period thereof, the authorities are directed not to

take any coercive steps till the limitation period is over. Further, it

also emerges from the record, which is not in dispute that the

notice under Section 202 of the Code preceded the order under

Section 61 of the Code dated 06.01.2026, which is impugned in the

present petition. In view of the aforesaid, the impugned notice is

such that the same is not sustainable in eye of law and accordingly,

the notice issued under Section 202 dated 06.12.2025 is quashed

and set aside. Further, the respondent authority shall follow due

procedure in accordance with law as provided under the Land

Revenue Code for removal of encroachment in question.


7.            It is made clear that, this Court has not gone into the

merits of the case and no opinion is expressed thereon. The present

order is passed with the consent of the learned advocates appearing

for the respective parties.


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8.                   All the contentions are kept open to be agitated before

the Appellate forum. Parties are expected to co-operate in the

proceedings before the Appellate forum.


9.                   The present petition stands disposed of, accordingly.

Rule is made absolute to the aforesaid extent.


9.1.                 The        order         passed          in       the       present           petition          be

communicated to the concerned Officer by the learned AGP

forthwith.


             Direct service today is permitted.


                                                                       (VAIBHAVI D. NANAVATI,J)
Pradhyuman




 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: PRADHYUMANSINH DILIPSINH RAHEVAR(HC01408), PRIVATE SECRETARY, at High Court of Gujarat on 21/01/2026 15:36:36




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