Gujarat High Court
Patel Kantibhai Hirjibhai vs The State Of Gujarat on 4 May, 2023
Bench: A.J.Desai, Biren Vaishnav
C/WPPIL/28/2023 ORDER DATED: 04/05/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) NO. 28 of 2023
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PATEL KANTIBHAI HIRJIBHAI
Versus
THE STATE OF GUJARAT
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Appearance:
MR VISHAL C MEHTA(6152) for the Applicant(s) No. 1
for the Opponent(s) No. 2,3,4
MS SHRUTI PATHAK, ASSISTANT GOVERNMENT PLEADER/ for the
Opponent(s) No. 1
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CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR.
JUSTICE A.J.DESAI
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 04/05/2023
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE A.J.DESAI)
1. By way of present petition under Article 226 of the Constitution of India, the petitioner has prayed as under:
"12(a) A writ of mandamus or any other appropriate writ, order or direction may kindly be issued directing the Respondent authorities to take immediate steps/action to remove the illegal construction/encroachment from the land in question which is gamtal/Gauchar land belong to Kodram Gram Panchayat, in the interest of justice;
(b) A writ of mandamus or any other appropriate writ, order or direction may kindly be issued directing the Respondent authorities to immediately remove Page 1 of 2 Downloaded on : Thu May 04 20:53:37 IST 2023 C/WPPIL/28/2023 ORDER DATED: 04/05/2023 the encroachment from the land in question and to submit a Report to the compliance thereof before this Hon'ble Court pending the admission, hearing and final disposal of the present petition.
(c) Pending hearing and final disposal of the present petition, the Respondent authorities may kindly be directed to restrain further encroachment / illegal construction over the land in question.
(d) Any other and/or further orders that may be deemed necessary in the interest of justice may kindly be passed."
2. Having heard Mr. Vishal C. Mehta, learned advocate for the petitioner and considered the grievance of the petitioner, we dispose of the petition with direction to the District Collector and all concerned authorities to see that their own orders are implemented in accordance with within a period of four months from the date of this order. Direct service is permitted.
(A.J.DESAI, ACJ) (BIREN VAISHNAV, J) Bharat Page 2 of 2 Downloaded on : Thu May 04 20:53:37 IST 2023