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8. On 13.1.2005, the learned Single Judge passed the following order:

Pursuant to the order passed by this Court, an affidavit-in-reply is filed by Shri M.D. Modhiya, Addl. Resident Deputy Collector, Ahmedabad, on behalf of the Collector, Ahmedabad. It is stated in the said affidavit-in-reply that as per their record there is encroachment on the 'gauchar' land to the extent of 115,42,825 sq.mtrs. by some persons who have encroached upon the land illegally. Along with the affidavit-in-reply Annexure-A particulars are given with regard to 77 villages. It appears from the particulars which are given in the said affidavit-in-reply that particulars are not given with regard to survey number of the 'gauchar' land. Accordingly, the State Government is directed to give particulars with regard to survey number of the 'gauchar' land of 77 villages. It is also submitted in the affidavit-in-reply that Ahmedabad District Panchayat is directed to take appropriate action under the provisions of the Gujarat Panchayats Act, 1993 for removing encroachment in question so that the 'gauchar' land can be released and such communication is dated 25th November, 2004. It is further submitted in the said affidavit-in-reply that various resolutions/circulars are issued by the State Government to see that the 'gauchar' land in the State of Gujarat is protected and there is no encroachment on the 'gauchar' land and latest circular is dated 26th February, 2004. It is submitted by the learned advocate for the petitioner before me that one another circular was issued by the Panchayat, Rural Housing and Rural Development Department, State of Gujarat dated 30th July, 2003.
Mr. A.D. Oza, learned Government Pleader submitted that time and again apart from issuing the aforesaid circulars/resolutions, instructions are issued to the various authorities to see that there is no encroachment on the 'gauchar' land but there is no fruitful result so far. It is submitted that even in the Government Circular dated 26th February, 2004 it is stated that inspite of the instructions issued by the State Government time and again, encroachment is not removed and if actions are not taken, then appropriate disciplinary action will be taken against the erring officer. It is further stated in the Government Circular dated 26th February, 2004 that all the Concerned District Development Officers/District Collectors are directed to submit report on or before 10th of every month with regard to compliance report for the purpose of removing the encroachment from the 'gauchar' land. From the aforesaid Government resolutions/circulars it prima facie appears that the Government is very serious with regard to removal of encroachment on the 'gauchar' land and for the 'gauchar' land for the cattle, but there is lack of coordination and there is no implementation of the aforesaid circulars/resolutions. The State Government is a supervisory authority so far as the various authorities, such as District Collectors/District Development Officers are concerned. Under the circumstances, the Secretary, Revenue Department, State of Gujarat and Secretary of Panchayat, Rural Housing and Rural Development, State of Gujarat are directed to see that their circular dated 26th February, 2004 and 30th July, 2003 are strictly complied with and encroachment from the 'gauchar' land is removed as early as possible. If, ultimately, it is found that the certain authorities and their officers are not complying with their own instructions then as per the circular dated 26th February, 2004, the State Government is directed to strictly implement the same and to take disciplinary action also.