C/SCA/5107/2025 ORDER DATED: 17/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 5107 of 2025 With R/SPECIAL CIVIL APPLICATION NO. 4997 of 2025 ================================================================ SAIYED AKBARSHAH ABDULLASHA Versus MAMLATDAR AND EXECUTIVE MAGISTRATE ================================================================ Appearance: MR MOHAMMADZAID M SHAIKH(13938) for the Petitioner(s) No. 1 MR SHADKHAN Z PATHAN(12939) for the Petitioner(s) No. 1 MR NIKUNJ KANARA, AGP for the Respondent(s) No. 1 ================================================================ CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 17/04/2025 COMMON ORAL ORDER 1. Heard learned advocate Mr.Mohammadzaid Shaikh and learned advocate Mr.Nadeem B. Mansuri for the petitioners in Special Civil Application Nos.5107 and 4997 of 2025 respectively, and learned AGP Mr.Nikunj Kanara for the respondent-State. 2. By way of these petitions, the petitioners have challenged notices issued dated 11.04.2025 under Section 202 of the Gujarat Land Revenue Code, 1879 (for short “the Code”), more particularly on the ground that the said notices have been issued without any proceedings initiated under Section 61 of the Code. 3. Learned AGP Mr.Kanara, under instructions, would submit that this Court may keep the notices on under Section 202 of the Code in abeyance and whereas, the respondent-Mamlatdar would initiate appropriate proceedings under Section 61 of the Code and whereas, if required after the end of the proceedings, notices under Section 202 of the Code may be revived. C/SCA/5107/2025 ORDER DATED: 17/04/2025 4. Having regard to the submissions made by the learned AGP Mr.Kanara, as well as learned advocates for the petitioners and having perused the documents on record to this Court it would appear that instead of keeping the notices in abeyance, setting it aside at this stage reserving liberty in favour of the authorities to initiate appropriate proceedings would meet with the ends of justice. Hence, the following directions:- (i) Notices dated 11.04.2025 issued to the petitioners under Section 202 Code are hereby quashed and set aside. (ii) Liberty is reserved in favour of the State Authorities to initiate proceedings under Section 61 of the Code and whereas, appropriate decision shall be taken by the Mamlatdar in the said proceedings after providing appropriate opportunity to the noticees. 5. With this observation and direction, the present petitions stand disposed of as allowed. It is clarified that, this Court has not gone into the merits of the matter and whereas, the Mamlatdar shall take a decision strictly in accordance with law in accordance with the extant policy of the State Government. Sd/- (NIKHIL S. KARIEL,J) ABHISHEK Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ABHISHEK DASHRATHBHAI PRAJAPATI(HC01389), GOV, at High Court of Gujarat on 17/04/2025 17:25:51