Gujarat High Court
Viram Aahir & 4 vs State Of Gujarat & 7 on 28 February, 2014
Author: A.J.Desai
Bench: A.J.Desai
C/SCA/3235/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 3235 of 2014
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VIRAM AAHIR & 4....Petitioner(s)
Versus
STATE OF GUJARAT & 7....Respondent(s)
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Appearance:
MR DV BHAVSAR, ADVOCATE for the Petitioner(s) No. 1 - 5
MR JANAK RAVAL ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 28/02/2014
ORAL ORDER
1.0 By way of present petition under Articles 14, 19 and 21 of the Constitution of Indian, the petitioners have prayed as under:
9.(A) Your Lordships may be pleased to admit this petition in the interest of justice (B) Your Lordships may be pleased to issue writ of mandamus or in the nature of writ of Mandamus or any appropriate writ, order or direction to respondent authorities to remove the encroachments on Gaucher land i.e. the Chariyan Vistar of northern area of Banni Vistar of Village Samarasarshekh, Taluka: Bhuj, District: Kutch and also to prevent any further encroachment on this land in future in the interest of justice and/of direct to respondent authorities to make cement wall on Page 1 of 3 C/SCA/3235/2014 ORDER surrounding the Gaucher land with all water and drainage and other security in the interest of justice (C) Your Lordships may be pleased to direct the respondents to remove the encroachment on the Gaucher land of the village Samarasarshekh as per the earlier direction of the learned Collector with a police protection and the report of the same action may be placed before this Hon'ble Court within a stipulated time of one month from the order;
(D) Your Lordships may be pleased to pass an order to file a report of encroachment of village every three months/quarterly direct the Collector and the Collector has to take action and remove those encroachment within next three months without fail in the interest of justice (E) Any other and further reliefs may be granted as the circumstances and as per the fact of the case may require.
2.0 It is the case of the petitioners that certain almighty persons have encroached the gauchar land of Village" SamarasarShekh, Taluka:
Bhuj, District: Kutch and therefore, a writ petition being Special Civil Application No. 14612 of 2012 has been preferred before this Court by the petitioners. Vide order dated 23.10.2012, this Court has directed the concerned authority to look into the matter. At that time encroachments were removed from the said gauchar land however, subsequently again they have encroached the land. Therefore, the petitioners have made applications on 14.10.2013 and 18.11.2013 respectively. However, no steps have been taken by the Collector, BhujKutch.
3.0 Considering the facts and circumstances of the case and order Page 2 of 3 C/SCA/3235/2014 ORDER dated 23.10.2012 passed by this Court in Special Civil Application No. 14612 of 2012, the Collector, Bhuj;Kutch is hereby directed to look into the matter and take appropriate steps which shall permanently resolve the question involved in the matter. The Collector, BhujKutch shall take appropriate steps in accordance with law pursuant to the representations made by the petitioners on 14.10.2013 and 18.11.2013 within a period of three months from the date of the receipt of the order.
4.0 In view of the aforesaid direction, learned advocate for the petitioner does not press this petition and sought permission for withdrawal of the same. Permission as prayed for is granted. Petition stands disposed of as withdrawn. Direct service is permitted.
(A.J.DESAI, J.) niru* Page 3 of 3