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Gujarat High Court

Gohil Shankarbhai Karshanbhai vs State Of Gujarat & 5 on 26 August, 2014

Author: J.B.Pardiwala

Bench: Akil Kureshi, J.B.Pardiwala

         C/SCA/3791/2013                                    ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            SPECIAL CIVIL APPLICATION NO. 3791 of 2013

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           GOHIL SHANKARBHAI KARSHANBHAI....Petitioner(s)
                            Versus
              STATE OF GUJARAT & 5....Respondent(s)
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Appearance:
MR VIJAY H NANGESH, ADVOCATE for the Petitioner(s) No. 1
MR PARTH BHATT, AGP for the Respondent(s) No. 1
MR HS MUNSHAW, ADVOCATE for the Respondent(s) No. 3 - 4
NOTICE SERVED for the Respondent(s) No. 1 - 2 , 5 - 6
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         CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
                and
                HONOURABLE MR.JUSTICE J.B.PARDIWALA

                             Date : 26/08/2014


                              ORAL ORDER

(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) By this writ application, the petitioner, a resident of village Khimat (Rampura), Taluka Dhanera, Dist: Banaskantha, has prayed for an appropriate direction upon the respondent authorities to remove all the encroachments existing as on today on the land of revenue survey No.1055/1a of village Khimat constituting gaucher land and also to ensure in future the land is not again encroached upon. It has also been alleged that the respondent No.6 in his capacity as a Sarpanch of the village has abused his position and has encroached upon some portion of the gaucher land. It is prayed that since the respondent No.6 being a Sarpanch has abused his position, appropriate steps be taken under section 57(1) of the Gujarat Panchayats Act, 1993.

Mr.Nangesh, the learned advocate appearing on behalf of the petitioner has drawn our attention to an order passed by a learned Single Judge of this Court dated 24th February, 2004 in Special Civil Application No.2151 of 2004 relating to the same village and land. In the said case, the allegations were of encroachment and inaction on the part of the authorities in removal of the same. Mr.Nangesh submitted that despite such order being passed, no such steps were taken for removal of the encroachment at the relevant point of time.

Since the issue before us is one concerning the encroachment over the gaucher land situated within the limits of a Gram Panchayat, we would expect the respondents Nos.3 and 4, namely, the District Development Officer, District Panchayat, Palanpur and the Taluka Development Officer, Taluka Panchayat, Dhanera respectively to look into the allegations of encroachment levelled in this petition and after due enquiry in that regard shall take appropriate steps in accordance with the provisions of section 105 of the Gujarat Panchayats Act, 1993. The respondents Nos.3 and 4 shall look into the allegations within a period of two weeks from today and take an appropriate decision within two weeks thereafter.

With the above observations and directions, this petition stands disposed of.

Direct service qua the respondents Nos.3 and 4 is permitted.

(AKIL KURESHI, J.) Page 2 of 3 C/SCA/3791/2013 ORDER (J.B.PARDIWALA, J.) (vjn) Page 3 of 3