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SCA/77320/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 773 of 2008
=========================================================
PATEL
PARKHABHAI RANCHHODBHAI & 5 - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 4 - Respondent(s)
=========================================================
Appearance
:
MR
PS CHAUDHARY for
Petitioner(s) : 1 - 6.
MR HUKUM SINGH, AGP for Respondent(s) :
1,
NOTICE SERVED BY DS for Respondent(s) : 1 - 2.
MR DHAVAL M
BAROT for Respondent(s) : 3 - 4.
MR MC BAROT for Respondent(s) :
5,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 21/07/2008
ORAL
ORDER
Petitioners
have challenged the legality of the notices dated 24.12.2007 and
9.1.2008 issued by respondent No.5. Issue pertains to alleged
encroachment in goucher and gamtel land of village Sapreda, Dist:
Banaskantha. Earlier petition being Special Civil Application
No.7260 of 2007 came to be filed complaining that that encroachment
is not being removed and the learned single Judge disposed of the
said petition on 24.4.07 giving certain directions for removal of
such encroachments after drawing panchnama. The issue reached the
Division Bench of this Court in Special Civil Application No.13412 of
2007 which came to be disposed by order dated 8.10.2007 by giving
following directions:-
8.
We, therefore, direct the respondent No.4 to see that fresh panchnama
in respect of alleged encroachments be drawn in his presence, either
by Circle Inspector or any other authorized person, without any
discrimination and fresh notices be issued on the basis of panchnama
so drawn and after considering their reply, if any, to such notices
and after according personal hearing if so demanded, appropriate
decision, in accordance with law, be taken as expeditiously as
possible, preferably within the period of 3 months from today.
Contention
of the petitioners is that without drawing proper panchnama,
respondent No.5 is seeking to evict the petitioners. It is
contended that the entire move is political and the petitioners are
not in unauthorized occupation of any Panchayat land.
Learned
advocate Shri Dhaval Barot appearing for respondent Nos.3 & 4
stated under instructions that pursuant to the order passed by the
Division Bench, fresh panchnama has been drawn on 1st
April 2008. Since admittedly, the authorities have now to proceed
on the basis of this fresh panchnama, earlier notices issued against
the petitioners would not survive. It would be open and in fact
necessary for the authorities to proceed further in accordance with
law as directed by two courts in the above referred orders on the
basis of such fresh panchamna for which necessary notice be issued
to the concerned persons.
In
view of these developments, the grievance of the petitioners at this
stage would not survive. It will be open for the petitioners to
react to the show cause notice if so issued in future. The petition
is disposed of accordingly.
(Akil Kureshi, J.)
(vjn)
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