C/SCA/14279/2025 ORDER DATED: 14/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14279 of 2025 =================================================== NATHABHAI KARABHAI MUCHAL & ANR. Versus STATE OF GUJARAT & ORS. =================================================== Appearance: MR KP CHAMPANERI(5643) for the Petitioner(s) No. 1,2 MR. JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2,3,4,5 =================================================== CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI Date : 14/10/2025 ORAL ORDER 1. Rule, returnable forthwith. Mr. Jayneel Parikh, learned AGP waives service of Rule for and on behalf of the respondents- State. 2. Heard Mr. K.P. Champaneri, learned advocate appearing for the petitioners and Mr. Jayneel Parikh, learned AGP appearing for the respondents – State. 3. By way of present petition, the petitioners herein have challenged the impugned notice dated 10.09.2025 issued under Section 202 of the Gujarat Land Revenue Code by the respondent Nos.2, 3 and 4 herein and have further prayed that, the same be held to be null and void. It is also prayed that no C/SCA/14279/2025 ORDER DATED: 14/10/2025 coercive steps be taken against the petitioners herein till the petitioners exhausts the alternative remedy under Section 203 of the Gujarat Land Revenue Code against the order passed under Section 61 of the Code imposing penalty for unauthorized occupation of the property-in-question. 3.1. Upon issuance of the notice under Section 202 of the Code on 10.09.2025 being No.ETS/Daban/72/2025, the petitioner is asked to remove the unauthorized construction within a period of four days. 4. Mr. K.P. Champaneri, learned advocate appearing for the petitioners submitted that the petitioners herein are in process of preferring appeal challenging the said order passed under Section 61 of the Code. It is submitted that no coercive steps be taken against the petitioners till the prescribed period of limitation of filing the statutory appeal. 5. Mr. Jayneel Parikh, learned AGP appearing for the respondents – State submitted that the respondent authorities shall follow the due procedure in accordance with the Gujarat Land Revenue Code. 6. Having heard the learned advocates appearing for the respective parties, the petitioner herein is in process of filing the appeal under Section 203 of the Code in view thereof, the authorities are directed not to take any coercive steps till the C/SCA/14279/2025 ORDER DATED: 14/10/2025 limitation period is over. Further, the respondent authority to follow due procedure as prescribed under the Land Revenue Code for removal of encroachment in question, if any. 7. It is made clear that, this Court has not opined on the merits of the case. 8. Mr. Champaneri, learned advocate appearing for the petitioners has limited his prayers to prayer 7(B) of the petition. 9. The present petition is accordingly allowed, to the aforesaid extent. Rule is made absolute to the aforesaid extent. Direct service 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 14/10/2025 17:59:20