( 1 ) INCONCEIVABLE as it might appear Article 226 of the Constitution of India embedded therein to enable the Courts to remove injustice is often invoked (as in the present matter) in order to create rather than remove road blocks in the way of the Establishment even when it is sincerely striving to redress the centuries old injustice to backward class citizens in a small measure. Perhaps it is better to let the facts voice their own sentiments.

( 2 ) FIVE land owners from village Radhu in Matar taluka in Kaira district viz. Patel Parshottamdas Chaturbhai and four others have challenged a grant of lands in respect of two small parcels admeasuring 6 acres-27 gunthas and 3 acres 10 gunthas comprised in survey number 250 of the same village in favour of respondent No. 1 Harijan Shakarbhai Lakhabhai the promoter of a backward class co-operative society viz. Sahij Pachhat Varga Samudayik Sahakari Mandali as per order at annexure B dated May 31 1973 by way of this petition invoking the high prerogative jurisdiction of this Court under Article 226 of the Constitution of India.

( 3 ) THE petitioners have challenged the impugned order of grant as per annexure E on the ground that such grant cannot be made by way of an executive fiat without following the procedure prescribed by the Land Revenue Code and on the ground that it is violative of Article 14 of the Constitution of India.

( 4 ) THE impugned order shows that the lands in question which are entered in the revenue records as Sarkari Padtar that is to say under the head of Government waste lands have been granted to respondent No. 1 in pursuance of the policy decision embodied in Government Resolution No. LND. 3960-A-I dated March 1 1960 passed by the then State of Bombay. The preamble to the said resolution reads as under :disposal of Government waste lands is governed by the orders issued in Government Resolution Revenue Department No. L. N. D. 3953 V. B. dated 20th August 1954 as amended from time to time. In practice however permanent disposal has hot taken place on any large scale on account of the following tour bahs : 1 Ban on account of Land Utilisation Survey Scheme. 2 san on account of scheme for rehabilitation of persons affected by certain irrigation and power projects. 3 san on account of Forest Settlement. 4 Ban on account of afforestation schemes including the scheme for checking the spread of Rann of Kutch. Government has now decided that except in respect of ban at serial No. 2. all other bans should be removed and permanent disposal of Government waste lands including those leased out from time to time should be undertaken according to the orders contained in this resolution and the Memorandum of instructions accompanying the Government Resolution. PROCEEDING further an order of priority is prescribed by para 3 (a ). Inter alia it is provided therein that grant will be made in favour of (III) Co-operative joint farming society of Backward class cultivators; (iv) Co-operative farming society of Backward class cultivators; (v) co-operative joint farming society of landless persons; (vi) Members of Backward classes who hold no land or land less than an eco- nomic holding it will thus be seen that a grant in favour of a co-operative joint farming society of backward class cultivators and also in favour of members of backward classes who hold no land or land less than an economic holding can be made in pursuance of the policy decision of the State Government embodied in the aforesaid Government resolution Under the circumstances it is futile to contend that in giving effect to the policy decision contained in the aforesaid Government Resolution the petitioners are being discriminated against. The petitioners are holders of neighbouring lands in the same village who want the lands to be alloted to them. But then they do not belong to the backward classes like respondent No. 1 in whose favour the grant has been made. The resolution dated March 1 1963 p