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Gujarat High Court
Jaydevbhai Mavjibhai Dodiya vs State Of Gujarat on 28 November, 2025
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
NEUTRAL CITATION
C/SCA/8166/2025 ORDER DATED: 28/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8166 of 2025
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JAYDEVBHAI MAVJIBHAI DODIYA & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR PRATIK Y JASANI(5325) for the Petitioner(s) No. 1,2,3,3.1,3.2,4,5
MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,3,4,5
MS. PADMINI P. PARMAR(15999) for the Respondent(s) No. 6
NARENDRASINH R JADEJA(8047) for the Respondent(s) No. 6
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 28/11/2025
ORAL ORDER
1. Heard learned advocate Mr.Pratik Y. Jasani for the petitioners and
Mr.Jayneel Parikh, learned Assistant Government Pleader for the
respondent State authorities.
2. By way of the present petition, the petitioners herein have
challenged the impugned order dated 19.03.2025 passed by the Gujarat
Revenue Tribunal in Appeal / RJT / 155 / 2023 wherein the petitioners'
application seeking stay of the proceedings for interim challenging the
judgment and order dated 29.09.2023 passed by the learned Deputy
Collector came to be rejected wherein the petitioners had approached
learned Deputy Collector under Section 37(2) of the Code claiming right
over the land to the tune of 4 Acres 7 Gunthas qua land admeasuring No.
57.29 Gunthas i.e. survey no.15 (old survey no.88) admeasuring 13 acres
and survey no.12 (old survey no.93) admeasuring 44 Acres 17 Gunthas of
land.
NEUTRAL CITATION
C/SCA/8166/2025 ORDER DATED: 28/11/2025
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3. The learned Deputy Collector by order dated 29.09.2023 rejected
the appeal preferred by the petitioners on the ground that resurvey had
taken place on 19.08.1967, however, there was no challenge to the same.
The land vests with the respondent State.
4. The aforesaid gave rise to file an appeal before the learned Gujarat
Revenue Tribunal wherein the stay is refused. While rejecting the
application seeking interim relief / stay, the tribunal recorded that no
steps are taken against the petitioners herein for taking possession and
considering the said aspect the stay has not been granted.
5. Learned advocate Mr.Jasani candidly submits that it may not
happen that pending the appeal proceedings the respondent authorities
would initiate proceedings for taking possession of the property in
question.
6. Mr.Parikh, learned AGP submits that if at all such proceedings
would be initiated, they would be separate in nature wherein notices will
be issued to the petitioner and in view thereof this Court may not interfere
in the impugned order passed by the learned Gujarat Revenue Tribunal.
7. Having heard learned advocates appearing for the respective
parties, considering the fact that the appeal being RJT / 155 / 2023 is
pending adjudication before the GRT since past two years. Petitioners
herein have apprehended that respondent authorities may initiate
proceedings against the petitioners for dispossession. In view thereof, it is
in the interest of justice, the appeal be decided as expeditiously as
NEUTRAL CITATION
C/SCA/8166/2025 ORDER DATED: 28/11/2025
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possible preferably within the period of six months from the receipt of
this order. As recorded by the learned GRT, in the interest of justice, no
further proceedings be initiated against the petitioners, in the interest of
the justice, the same be continued, till the appeal is decided. The
respective parties also to cooperate in the appeal proceeding pending
before the GRT.
8. This Court has otherwise not opined on the merits of the matter.
9. With the aforesaid observations and direction, the present petition
is disposed of. Direct service is permitted.
(VAIBHAVI D. NANAVATI,J)
MISHRA AMIT V.
