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Judgment
A.G.Uraizee, J
Heard Mr. Paresh M. Darji, learned advocate for the petitioner and Ms. Asmita Patel, learned AGP for respondent No. State.
The respondent No.4 herein has filed an application under Section 4 of the Mamlatdar Courts Act before the Mamlatdar, Sanand, against the
petitioner for removal of the alleged encroachment made by the petitioner. The Mamlatdar, Sanand, by order dated 10.11.2020 directed the petitioner
to remove the encroachment and make the way approachable for respondent No.4. The petitioner has preferred RTS Appeal No.173 of 2020 before
the Deputy Collector, Sanand, on 23.01.2020. The appeal is accompanied with an application for stay of the order of the Mamlatdar. It is grievance of
the petitioner in this petition that though the stay application is filed along with the Appeal before the Deputy Collector, Sanand, no hearing is taken
place so far. As a consequence, the petitioner is being harassed by respondent No.4 through the Police Authority of Changodar Police Station, Ta.
Sanand. Mr. Darji, learned advocate for the petitioner submits that the present petition may be disposed by directing the Deputy Collector.
Ms. Asmita Patel, learned AGP submits that the Deputy Collector may not be tied down by any time limit and may be directed to decide the stay
application as expeditiously as possible.
In view of the above, since the stay application preferred by the petitioner is still at large before the Deputy Collector, Sanand, ends of justice will
be sub-served, if following direction is issued.
The Deputy Collector, Sanand, is directed to decide stay application submitted by the petitioner along with his Appeal being Appeal No.173 of 2020,
which he has preferred to challenge the order passed by the Mamlatdar, Sanand, on or before 07.03.2020 in accordance with law after affording
opportunity of hearing to all party concerns. Till the Deputy Collector, Sanand, decides such application of the petitioner, the Police Inspector, Sanand,
Ta. Sanand, Dist. Ahmedabad, is directed not to harass the petitioner in respect of the order dated 10.01.2020 passed by the Mamlatdar, Sanand, in
Mamlatdar Court Case No.1 of 2019
It is clarified that this Court has not examined merits of the case and Deputy Collector shall decide the Exhibit 5 application strictly in accordance
with law on the basis of material available on record after hearing the parties without being influenced by this order.