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3. Shri S.V. Parmar, learned advocate appearing on behalf of the respondent No.5 has submitted that in view of the report submitted by the Taluka Development Officer, Choryasi prepared pursuant to the order dated 16th December 2009 passed by this Court, the land in question is Ghar kachha land / mafi kachha land / vada land, which can be regularized by the appropriate authorities. Therefore, it is submitted that if any action is taken to remove the respondent No.5 and demolished the construction, in that case, the right in favour of the respondent No.5 to get the possession/encroachment regularized will be taken away. It is submitted that the present Special Civil Application has been filed by the petitioners with an oblique/malafide intention and to take political revenge and therefore, it is requested not to entertain the present petition.

5. Pursuant to the aforesaid order dated 16th December 2009, the Taluka Development Officer, Choryasi has held the necessary inquiry as ordered by this Court and has submitted the report after giving opportunity to respondent No.5 as well as Gram Panchayat, Timberva and has specifically opined and submitted the report that the respondent No.5 has made illegal construction and has encroached upon the Gamtal land / vada land. The said report has not been challenged by the respondent No.5. Even thereafter the Taluka Development Officer, Choryasi has taken further steps and issued the notice dated 30th January 2010 upon the respondent No.5 under Section 105(2) of the Gujarat Panchayat Act, 1993 directing the respondent No.5 to remove the unauthorized and illegal construction and the encroachment made by the respondent No.5 on 123 sq.meters of Gamtal land. The respondent No.5 has been directed to remove the encroachment and construction on or before 10th February 2010. It appears that the said notice is also not challenged. It is the contention on behalf of the respondent No.5 that it is ghar kachha land / mafi kachha land and therefore, the encroachment of the respondent No.5 can be regularized. It is disputed by the respondent No.5 that the land in question is a Gamtal land. Be that as it may, whether it is Gamtal land or not, admittedly the land in question is not of the ownership of the respondent No.5 and the respondent No.5 has encroached upon 123 sq.meters of land and has made illegal construction for which even the Gram Panchayat has passed resolution dated 10.10.2008 and thereafter even the Taluka Development Officer, Choryasi has also issued the notice under Section 105(2) of the Gujarat Panchayat Act, 1993 on 30.01.2010. The respondent No.5 has neither challenged the report of the Taluka Development Officer, Choryasi nor the resolution of the Panchayat dated 10.10.2008 and even the notice dated 30.01.2010 issued by the Taluka Development Officer, Choryasi under Section 105(2) of the Gujarat Panchayat Act. As stated above, the Division Bench dismissed the PIL as in the meantime Panchayat passed a resolution to remove the illegal construction and the encroachment made by the respondent No.5. It appears that to get out of any order to be passed by the Division Bench in PIL and only with a view to make a show, the Panchayat passed resolution dated 10.10.2008. Be that as it may the fact remains that respondent No.5 has made illegal construction and has encroached upon the Gamtal land and has no right to continue with illegal construction and occupation of the Gamtal land and therefore, a direction is required to be issued upon the concerned respondents to remove illegal construction and encroachment made by the respondent No.5 and take final steps on the notice dated 30th January 2010 issued by the Taluka Development Officer, Choryasi under Section 150(2) of the Gujarat Panchayat Act, 1993.