IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 839 of 2026 =================================================== IMTYAJALI MEMOODALI DIWAN Versus STATE OF GUJARAT & ORS. =================================================== Appearance: MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1 MR. ANGESH A. PANCHAL, AGP for the Respondent(s) No. 1,2,3 =================================================== CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI Date : 21/01/2026 ORAL ORDER 1. RULE, returnable forthwith. Mr. Angesh A. Panchal learned AGP waives service of Rule on behalf of the respondent – State. With the consent of the learned advocates appearing for the respective parties, the matter is taken-up for final hearing. 2. Heard Mr. S.P. Majmudar, learned advocate appearing for the petitioner and Mr. Angesh A. Panchal, learned AGP appearing for the respondents. 3. By way of present petition, the petitioner herein has p. 2 prayed to quash and set aside the impugned order dated 06.01.2026 passed by the respondent no.2 as well as notice / order dated 06.12.2025 issued by the respondent no.2 under the Land Revenue Code, 1879 (for short ‘the Code’). [Annexure-F Collectively]. 4. Mr. Majmudar, learned advocate appearing for the petitioner submits that the petitioner herein is issued an order under Section 61 of the Code, on 06.01.2026 duly produced at Annexure – F to the petition, wherein, the respondent authority has directed to remove the encroachment within a period of one week. It is submitted that the petitioner herein is in process of preferring an appeal. In view thereof, the impugned notice be directed not to be acted upon. It is submitted that the notice under Section 202 of the Code, 1879 was issued prior to the issuance of the order under Section 61 of the Code i.e. on 17.12.2025. It is submitted that such exercise of powers is beyond the scope of the Code, wherein, the notice under Section 202 of the Code cannot be preceded by the order under Section 61 of the Code. 5. Mr. Jwalant Vora, learned AGP appearing for the respondents submits that the respondent authority shall follow due p. 3 procedure under the Code. 6. Considering the submissions advanced by the learned advocates appearing for the respective parties, in view of statutory Appeal provided against the order under Section 61 of the Code, the limitation period thereof, the authorities are directed not to take any coercive steps till the limitation period is over. Further, it also emerges from the record, which is not in dispute that the notice under Section 202 of the Code preceded the order under Section 61 of the Code dated 06.01.2026, which is impugned in the present petition. In view of the aforesaid, the impugned notice is such that the same is not sustainable in eye of law and accordingly, the notice issued under Section 202 dated 06.12.2025 is quashed and set aside. Further, the respondent authority shall follow due procedure in accordance with law as provided under the Land Revenue Code for removal of encroachment in question. 7. It is made clear that, this Court has not gone into the merits of the case and no opinion is expressed thereon. The present order is passed with the consent of the learned advocates appearing for the respective parties. p. 4 8. All the contentions are kept open to be agitated before the Appellate forum. Parties are expected to co-operate in the proceedings before the Appellate forum. 9. The present petition stands disposed of, accordingly. Rule is made absolute to the aforesaid extent. 9.1. The order passed in the present petition be communicated to the concerned Officer by the learned AGP forthwith. Direct service today is permitted. (VAIBHAVI D. NANAVATI,J) Pradhyuman