Gujarat High Court
Dilipbhai Vashrambhai Rathod vs State Of Gujarat on 28 March, 2019
Author: Anant S. Dave
Bench: Anant S. Dave, Biren Vaishnav
C/WPPIL/47/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) NO. 47 of 2017
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DILIPBHAI VASHRAMBHAI RATHOD & 1 other(s)
Versus
STATE OF GUJARAT & 4 other(s)
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Appearance:
MR SHAKTI S JADEJA(5491) for the Applicant(s) No. 1,2
MR SP MAJMUDAR(3456) for the Applicant(s) No. 1,2
GOVERNMENT PLEADER(1) for the Opponent(s) No. 1,2,3
MR HS MUNSHAW(495) for the Opponent(s) No. 4
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE
and
HONOURABLE MR.JUSTICE BIREN VAISHNAV
Date : 28/03/2019
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE) It is the case of the petitioners that the land which is made available to Maldharis for rehabilitation under the head of Gauchar may create shortage of land for grazing animals in the village and the offer given for alternative Gauchar land is not yet identified or if identified at far place. At the same time, land situated in the limits / vicinity of Rajkot Municipal Corporation is available for such rehabilitation and the land belonging to the Gauchar for grazing of livestock can be preserved.
Page 1 of 2 C/WPPIL/47/2017 ORDER
A decision taken by the authority for
rehabilitation of Maldharis, a community having no permanent place of residence, cannot be disturbed on the ground that alternative Gauchar land is given for grazing livestock of the petitioners.
In view of the above, no direction can be given, as prayed in this Writ Petition PIL.
At this stage, learned counsel for the petitioners would like to make representation to the concerned authority for appropriate relief. The petitioners are at liberty to do so.
With the aforesaid, this Writ Petition stands disposed of.
(ANANT S. DAVE, ACJ) (BIREN VAISHNAV, J) P. SUBRAHMANYAM Page 2 of 2