Gujarat High Court
Hansaben vs State on 30 April, 2012
Author: Anant S. Dave
Bench: Anant S. Dave
Gujarat High Court Case Information System
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SCR.A/2906/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2906 of 2011
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HANSABEN
MOTIBHAI KHATANA - Applicant(s)
Versus
STATE
OF GUJARAT & 10 - Respondent(s)
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Appearance :
MR
PS CHAMPANERI for Applicant
Mr.
J.K. Shah, APP, for respondent :
1,
NOTICE SERVED BY DS for Respondent(s) : 2,4 - 5.
None for
Respondent(s) : 3,
MR ASHISH M DAGLI for Respondent(s) : 6 -
11.
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 30/04/2012
ORAL
ORDER
1. This petition under Article 226 of the Constitution of India is filed by the petitioner with the following prayer:
"(B) Be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction in the nature of mandamus, directing the respondents-authorities more particularly respondent Nos. 2 and 3 to provide adequate protection to the petitioner for carrying on the operation of quarry lease granted to the petitioner and consequent upon the execution of the lease agreement respectively vide Annexure-F and K and further be pleased to provide the adequate protection to reach to the leasehold land and to carry on operation of quarry lease at the said land granted under the order and agreement respectively at Annexure-F and K. [C] This Hon'ble Court will be pleased to issue an appropriate writ, order or direction directing the respondent Nos. 4 and 5 to affix the earmarking stones on the boundaries of the petitioner's leasehold land granted under the order and agreement respectively at Annexure-F and K. [D] This Hon'ble Court will be pleased to issue an appropriate writ, order or direction in the nature of mandamus and/or any other appropriate writ, order or direction directing the respondents-authorities more particularly respondent Nos. 2 and 3 herein, to provide the adequate protection to the person and property of the present petitioner, the life and source of earning of the petitioner and her mother from the persons named in the complaint -
application Annexure -R, by taking an adequate steps and measures against them to enable the petitioner to earn her livelihood from the quarry operation of the leasehold land covered under lease agreement Annexure-K. [E] This Hon'ble Court will be pleased to issue interim direction to respondent No.2 to submit a report on the action taken consequent upon the petitioner's application -complaint Annexure-R and to afford a protection to the petitioner for reaching the leasehold land granted to the petitioner and to carry on the quarry operation at the said leasehold under the agreement Annexure-K, till and pending hearing and final disposal of this petition.
[F] This Hon'ble Court will be pleased to direct respondent Nos. 2 and 3 for providing the adequate police protection to the petitioner against infringement of her fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution of India, in an appropriate manner as it may deem just, fit and proper by this Hon'ble Court, till and pending hearing and final disposal of this petition."
2 For the dispute of any nature arising out of lease-hold land under agreement at Annexure-K, no protection can be provided to the petitioner, in as much as, now, from the map produced before this Court, it is made clear that the District Land Record Inspector, Survey Department, will do the needful and, still, if the petitioner has any grievances, it will be open for the petitioner to approach the concerned Authority.
3 In view of the above, this petition, being merit-less, is rejected. Notice is discharged.
(ANANT S. DAVE, J.) (swamy) Top