Gujarat High Court
Kesharbhai Faljibhai Patel vs State Of Gujarat on 9 July, 2018
Author: Bela M. Trivedi
Bench: Bela M. Trivedi
C/SCA/5922/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5922 of 2018
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KESHARBHAI FALJIBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR JIGAR G GADHAVI(5613) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 2,3,4,5,6,7
MR. TIRTHRAJ PANDYA, AGP, ADVANCE COPY SERVED TO
GOVERNMENT PLEADER/PP(99) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MS.JUSTICE BELA M. TRIVEDI
Date : 09/07/2018
ORAL ORDER
1. Draft amendment is allowed. The same be carried out forthwith by incorporating the same in the petition.
2. The petitioner by way of present petition, has sought directions against the respondent authorities to take immediate and necessary action to remove the encroachment referred to in the representation / complaint made by the petitioner.
3. The petitioner claiming to be a resident of Village Kanpur, Taluka Idar, District Sabarkantha has filed the present petition alleging inter alia that on the land bearing Survey No. 97 and 98/3 situated at Village Page 1 of 3 C/SCA/5922/2018 ORDER Kanpur, plotting was done and illegal constructions were being carried out in breach of non agricultural permission on the said lands. According to the petitioner, he has also a plot in the said area being plot no. 6. He has narrated about the alleged illegal constructions being carried out by various persons on various plots as mentioned in para 3.2.
4. The learned advocate Mr. Gadhvi for the petitioner submits that various persons as named in the petition are carrying out illegal constructions on the various plots and some are carrying out in the common plot also, however, the respondent authorities are not taking any serious action against them, though notices were issued by them pursuant to the representations made by the petitioner and other persons.
5. At the outset, it is required to be stated that apart from the fact that the petition lacks basic particulars and material as to who had sought N.A. Permission and in respect of which land, and as to who was the original owner of Survey No. 97 and 98/3, which was sub plotted, the petitioner has not joined even the persons who are allegedly putting up construction, as the party respondents. The petitioner has also not stated in the petition as to how he is an aggrieved person entitled to invoke the Page 2 of 3 C/SCA/5922/2018 ORDER extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. Even otherwise, the dispute appears to be of civil nature as the encroachments have been allegedly made on the plots which are admittedly belonging to some private individuals.
6. Under the circumstances, the petition in the present form being not maintainable under Article 226 of the Constitution of India, deserves to be dismissed and is dismissed accordingly.
(BELA M. TRIVEDI, J) AMAR SINGH Page 3 of 3