( 1 ) IN this petition under Art. 227 of the Constitution which is wrongly styled as one under Art. 226 thereof the petitioner has brought in challenge the order passed by the Special Secretary Revenue Department dismissing the revision application and confirming the order passed by the Mamlatdar Veraval in encroachment case No. 264/76-77. These proceedings were initiated by the Mamlatdar against the petitioner on the ground that he committed encroachment on a part of Government land being S. No. 545 of village Udafa in Veraval Taluka. The petitioners contention is that this land was not encroached upon but was given to his father in exchange for part of S. No. 259/1 which belonged to him which was acquired for the purpose of road. Both She Courts below have taken the view that no relevant evidence was pointed out by the petitioner to show that these was any such exchange and consequently she petitioner was found to have encroached upon the Government land. Hence order was passed under Sec. 61 of the Bombay Land Revenue Code for removal of the said encroachment.

( 2 ) MR. Patel for the petitioner vehemently submitted that proceedings under Sec. 61 were misconceive