C/SCA/12031/2025 ORDER DATED: 12/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 12031 of 2025 ========================================================== RABARI KALIBEN W/O ISHWARBHAI SANKABHAI & ORS. Versus DEPUTY COLLECTOR & ORS. ========================================================== Appearance: MR VIRAJ B KHATANA(10416) for the Petitioner(s) No. 1,2,3,4 MR JAY BAROT AGP for the Respondent(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 12/09/2025 ORAL ORDER Heard learned advocate for the petitioners. He submits that the respondent Nos.3 to 9 had filed proceedings under Section 5(2) of the Mamlatdar Court’s Act, 1906. After hearing the parties, the learned Mamlatdar, Visnagar by order dated 28.03.2024 has filed the case of the respondent Nos.3 to 9 on the ground that there is a civil suit pending in the Civil Court between the parties in respect of subject land. Aggrieved, the respondent Nos.3 to 9 have filed Revision Application No.5 of 2024 before the Dy. Collector, Visnagar. The Dy. Collector, Visnagar has held that if the suit referred to by the Mamlatdar, Visnagar for filing the case is looked into, then the said suit is filed praying for cancellation of the sale deed. The Dy. Collector, Visnagar has further held that it has nothing to do with the right of way being claimed by the respondent Nos.3 to 9 in the Mamlatdar Court case proceedings. In view thereof, the Dy. Collector, Visnagar has set aside the order dated 28.03.2024 passed by the Mamlatdar, Visnagar and remanded the case for fresh consideration on merits. Learned advocate for the petitioners could not point out any C/SCA/12031/2025 ORDER DATED: 12/09/2025 infirmity in the order impugned of the Dy. Collector, Visnagar. Prima facie, the reasoning recorded by the Dy. Collector, Visnagar is just and proper. The present Special Civil Application is devoid of merits and is, accordingly, dismissed. No order as to costs. (ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: KAUSHIKKUMAR DINESHCHANDRA CHAUHAN(HC00197), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 12/09/2025 15:05:53