C/SCA/15421/2025 ORDER DATED: 14/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15421 of 2025 =================================================== NODE IQBAL JUSAB Versus STATE OF GUJARAT & ORS. =================================================== Appearance: MR AMAN A SAMA(11691) for the Petitioner(s) No. 1 MR MEET D KAKADIA(11896) for the Petitioner(s) No. 1 MR. JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2,3 =================================================== CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI Date : 14/11/2025 ORAL ORDER 1. Heard Mr. Meet D. Kakadia, learned advocate appearing for the petitioner and Mr. Jayneel Parikh, learned AGP appearing for the respondents – State. 2. The learned advocate for the petitioner submits that the impugned order dated 15.09.2025 passed in Encroachment Case No. 14 of 2025 passed by the Mamlatdar, Bhuj City (Annexure-A collectively) under Section 61 of the Gujarat Land Revenue Code, 1879 and consequential notice dated 13.10.2025 issued under Section 202 of the Gujarat Land Revenue Code, 1879 issued by the Mamlatdar, Bhuj City (Annexure-A C/SCA/15421/2025 ORDER DATED: 14/11/2025 collectively), both order as well as notice served upon the petitioner only on 17.10.2025, directing to remove the encroachment within five days. The learned advocate submits that against the order dated 15.09.2025 passed under Section 61 of the Land Revenue Code, the petitioner has a right for statutory Appeal and the limitation period prescribed is 90 days. He submits that till the said limitation period is over, the respondent authority should not take any coercive action since the petitioner proposes to approach the learned Gujarat Revenue Tribunal. He further submits that, the petitioner has also filed an application seeking regularization on 20.01.2020 before the respondent – Collector (pg. 38, Annexure-G), which has remained pending till date. 3. The learned AGP submits that the revenue authority shall follow due procedure under the Land Revenue Code. 4. Considered the submissions of the learned advocates appearing for the respective parties. 5. In view of statutory Appeal provided against the order passed under Section 61 of the Land Revenue Code and the limitation period prescribed thereof, the authorities are directed to maintain the status-quo, qua the subject matter land, as on today, till the limitation period is over. Further, the revenue authority shall follow due procedure in law as prescribed under C/SCA/15421/2025 ORDER DATED: 14/11/2025 the Land Revenue Code for removal of encroachment in question. 6. It is made clear that, this Court has not gone into the merits of the case and no opinion is expressed thereon. 7. In view thereof, the learned advocate for the petitioner does not press the present Special Civil Application to approach the appellate forum. 8. The Special Civil Application stands disposed of, accordingly, as not pressed. 9. All the contentions are kept open to be agitated before the appellate forum. 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 14/11/2025 16:12:41