Patel Natvarbhai Ishwarbhai vs The Deputy Collector Of Bayad
2026 Latest Caselaw 476 Guj

Gujarat High Court

Patel Natvarbhai Ishwarbhai vs The Deputy Collector Of Bayad on 10 February, 2026

                                                                                                                       NEUTRAL CITATION




                              C/SCA/4760/2023                                          ORDER DATED: 10/02/2026

                                                                                                                       undefined




                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                                  R/SPECIAL CIVIL APPLICATION NO. 4760 of 2023
                                                        With
                                   R/SPECIAL CIVIL APPLICATION NO. 1339 of 2024
                       ==========================================================
                                          PATEL NATVARBHAI ISHWARBHAI & ORS.
                                                         Versus
                                         THE DEPUTY COLLECTOR OF BAYAD & ORS.
                       ==========================================================
                       Appearance:
                       MR DEEP B KOTHARI(12220) for the Petitioner(s) No.
                       1,2,3,4,5,6,7
                       MR BHAVIK J PANDYA(5002) for the Respondent(s) No.
                       10,11,12,13,14,3,4,5,6,7,8,9
                       MR MANISH J PATEL(2131) for the Respondent(s) No.
                       10,11,12,13,14,3,4,5,6,7,8,9
                       MS SURBHI BHATI, AGP for the Respondent(s) No. 1,2
                       ==========================================================
                           CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
                                              Date : 10/02/2026
                                              COMMON ORAL ORDER

Learned advocate Mr. Kothari for the petitioners and learned advocate Mr. Manish J. Patel for the private respondents jointly submit that petitioners as well as private respondents both have filed suit under Section 5 of the Mamlatdars' Courts Act against each other for removing the impediments and opening the way. They jointly submit that the Mamlatdar concerned has, after appreciating and considering the materials, allowed both the suits and therefore despite the suits of both the parties have been allowed, the dispute persists. They jointly submit that suit of either party is required to be allowed by the Mamlatdar and by allowing both the suits, the Mamlatdar has suggested altogether a different way, which was passing through the land of altogether different agriculturists and those agriculturists

NEUTRAL CITATION

C/SCA/4760/2023 ORDER DATED: 10/02/2026

undefined

have not been joined as party. They submit that even the respective revision applications filed by both the parties before the Deputy Collector have not been considered by the Deputy Collector and thereby the order passed by the Mamlatdar has been upheld. Thus, the said view adopted by the revenue authorities is erroneous and against the settled provisions of law and record and therefore the impugned orders passed by the revenue authorities concerned are required to be quashed and set aside and matter is required to be remanded back to the concerned Mamlatdar for deciding the issue afresh.

Learned AGP Ms. Bhati submits that in view of the aforesaid submissions canvassed by learned advocates for both the parties, appropriate order may be passed.

In that view of the matter, the petitions stand partly allowed. The impugned orders passed by the concerned revenue authorities are hereby set aside. The matter is remanded back to the concerned Mamlatdar for deciding the issue afresh. The Mamlatdar is directed to decide the issue afresh, in accordance with law, after giving opportunity of hearing to both the parties. Rule is made absolute to the aforesaid extent.

(DIVYESH A. JOSHI,J) LAVKUMAR J JANI