C/SCA/4852/2025 ORDER DATED: 16/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 4852 of 2025 With R/SPECIAL CIVIL APPLICATION NO. 4885 of 2025 ========================================================== AJAYKUMAR GUPTA & ANR. Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR MEET D KAKADIA(11896) for the Petitioner(s) No. 1,2 MR. NISHIT P GANDHI(6946) for the Petitioner(s) No. 1,2 MR NIKUNJ KANARA ASSTT. GOVERNMENT PLEADER for the Respondent(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 16/04/2025 COMMON ORAL ORDER 1. Heard learned advocates Mr. Nishit P. Gandhi and Mr. Meet D. Kakadia for the petitioners and learned AGP Mr. Nikunj Kanara for the respondent No.1 – State. 2. By way of these petitions, the petitioners have challenged an order dated 20.03.2025 passed by the City Mamlatdar, Maninagar, Ahmedabad, in Encroachment Case No.04/2024. 3. Learned advocates would submit that while the petitioners would not press the present petitions, more particularly with a view to approach the Appellate forum i.e. the GRT for challenging the order impugned, it is further submitted that even before the Appeal period has lapsed, the Mamlatdar has issued notice under Section 202 of the Land Revenue Code on 05.04.2025. It is submitted that this Court may, in the interregnum, i.e. till the application for interim injunction is decided by the GRT, may protect the petitioners for a brief period. C/SCA/4852/2025 ORDER DATED: 16/04/2025 4. Having heard the learned advocates for the respective parties and having appreciated the contention of the learned advocates for the petitioners, more particularly since the same appears to be reasonable, to this Court, it would appear that the following direction would meet with the ends of justice: (a) The petitioners are at liberty to file Appeal against order dated 20.03.2025 passed by the City Mamlatdar, Maninagar, Ahmedabad, before the GRT. If an Appeal along with application for interim injunction is preferred within a period of 10 days from today, then the application for grant of interim injunction shall be considered and decided by the GRT, within a period of eight weeks thereafter. (b) Till the GRT decides the application for interim injunction within a period of eight weeks referred to hereinabove, status- quo qua order dated 20.03.2025, shall be maintained i.e. to state that there shall not be any attempt to implement the said order. 5. With the above observation and direction, the petitions stand disposed of as withdrawn. Direct service today is permitted. It is clarified that this Court has not gone into merits of the matters and whereas the GRT would take an independent decision strictly in accordance with law. (NIKHIL S. KARIEL,J) Y.N. VYAS Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: YAGNESH NARENDRABHAI VYAS(HC00207), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/04/2025 14:49:21