Mirajibhai Chimanbhai Gamit vs State Of Gujarat on 18 February, 2019

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Gujarat High Court

Mirajibhai Chimanbhai Gamit vs State Of Gujarat on 18 February, 2019

Bench: A.J.Desai

        C/SCA/2499/2019                                       ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 2499 of 2019

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                      MIRAJIBHAI CHIMANBHAI GAMIT
                                  Versus
                           STATE OF GUJARAT
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Appearance:
MR NK MAJMUDAR(430) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 3,4,5,6,7,8,9
MR JK SHAH, LD.AGP(99) for the RESPONDENT(s) No. 1 & 2
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 CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                              Date : 18/02/2019

                               ORAL ORDER

1. By way of the present petition under Articles 14 and 226 of the Constitution of India, the petitioner has prayed as under:

"7(A) This Hon'ble Court be pleased to admit / allow this petition;

(B) Be pleased to issue appropriate writ, order or directions and be pleased to direct the respondent nos.1 to 3 authorities to initiate inquiry in respect of serious illegality and irregularity committed by the panchayat authorities including respondent nos.8 and 9 by way of carving out the pakka road/ tar road/ dammar road between Ukai Gamtal to Chacharbunda Highway i.e. through the agricultural land of the Page 1 of 3 C/SCA/2499/2019 ORDER petitioner being Block/ Survey No.441, agriculture Account No.182, Old Survey No.367 and 369 admeasuring HectorAre Sq.mtrs. 64809 situated at Village:

Gunsada, Tal.: Songadh, Dist.: Tapi, which is owned, occupied and possessed by the petitioner herein, and therefore, the said action of carving out the diversion/ pakka road by the panchayat authorities may be ordered to be inquired and appropriate action may be ordered to be initiated against the panchayat authorities including respondent nos.8 and 9 including disciplinary action may kindly be ordered to be initiated against erring respondent officers and further be pleased to take appropriate action against the concerned erring officers including respondent nos.8 and 9 of lodging/ registration of the prosecution under the provisions of the Act, for the reasons stated in the memo of the petition, in the interest of justice;

(C) Be pleased to grant interim relief and by way of interim order be pleased to direct the respondent nos.1 to 3 authorities to take appropriate action against the erring officers including respondent nos.8 and 9 who have committed serious irregularities and illegalities in carving out the road from the land of the petitioner Block/ Page 2 of 3 C/SCA/2499/2019 ORDER Survey No.441, agriculture Account No.182, Old Survey No.367 and 369 admeasuring HectorAreSq.mtrs. 64809 situated at Village: Gunsada, Tal.: Songadh, Dist.:

Tapi, pending admission, hearing and final disposal of the present petition;

(D) Be pleased to pass such orders as thought fit in the interest of justice."

2. It is brought to the notice of this Court by Mr.J.K.Shah, learned Assistant Government Pleader that with regard to the property in question, the petitioner himself has filed a suit being Special Civil Suit No.33 of 2017 pending in the court of learned Principal Civil Judge (S.D.), Vyara.

3. In view of the above facts, no reliefs, as prayed for by the petitioner, can be granted. Hence, this petition is disposed of. It is hereby made clear that this Court has not gone into the merits of the case.

Direct service is permitted.

[A.J.DESAI,J.] *dipti Page 3 of 3

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