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SCA/23120/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 23120 of 2007
=========================================================
ALSINGH
MANJIBHAI RATHWA
Versus
THE
STATE OF GUJARAT AND OTHERS
=========================================================
Appearance
:
MR
IQBAL M MALIK for the
Petitioner
MR SATYAM CHHAYA, ASSTT GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 -
6.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 05/10/2007
ORAL
ORDER
1. Pursuant
to order dated 19.09.2007, the Collector has filed a report dated
03.10.2007.
2. The
Collector has mentioned in its report that in the land bearing Survey
No.102 of village Kelkuwa, Taluka Devgadh Baria, there is no
construction of check dam. But then, the Collector has specifically
mentioned in the report that, ‘after the site inspection, on
25.9.2007, it is ascertained that there is ‘Kotar’ between Revenue
Survey Nos.102, 101, 103 on one side and Revenue Survey Nos. 114 and
115 on the other and at that ‘Kotar’, there is a check dam
constructed and the same is found to be in good condition and there
is water stored’.
3. Whenever
a check dam is constructed, it is not constructed in the
agricultural land. It is always constructed on the land where there
is flow of water, so as to store the same by constructing a check
dam. Such check dams may be referred to for identification by survey
numbers situated near particular check dam.
4. From
the report of the Collector, Court has no doubt that a check dam is
constructed, which is referred to as check dam on Survey No.102.
5. The
efforts of the petitioner as a public spirited citizen are
appreciated, but, overdoing can not be permitted. The petition is
found without any substance and the same is rejected.
(RAVI
R. TRIPATHI, J.)
omkar
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