( 1 ) BY way of this petition under Article 226 of the Constitution of India, the petitioner challenges the order/letter dated 28th April 1997 passed by the Collector, junagadh (Annexure "k"), whereby the petitioner has been informed that his application for regularisation of encroachment has been rejected by the State government.

( 2 ) THE facts stated briefly are that, by an order dated 26th April, 1978 of the City survey Superintendent, Prabhas-Patan, junagadh, the petitioner had been granted lease in respect of land admeasuring 23. 78 sq. mtrs. situated on the south of City survey No. 516 at Block No. C of Prabhas patan of Veraval Taluka on an annual basis. The aforesaid lease was extended by an order dated 26th November, 1978. It appears that thereafter, despite the aforesaid lease having come to an end, the petitioner continued to occupy the said land unauthorizedly, hence, the City Survey superintendent and Additional Mamlatdar, prabhas Patan, initiated proceedings under section 61 of the Bombay Land Revenue code (the Code), being Encroachment Case no. 90/1989-90. By an order dated 22nd june, 1990, penalty was imposed upon the petitioner under Section 61 of the Code, and the petitioner was directed to remove the encroachment on the said land.

( 3 ) THE petitioner paid the penalty and made an application for regularisation of the encroachment on the abovementioned land. However, by an order dated 22nd august 1991, the Deputy Collector, Veraval rejected the said application on the ground that regularisation of encroachment would result in the road becoming narrow and consequently would cause hindrance to the traffic.

( 4 ) THE petitioner carried the matter in appeal before the Collector, Junagadh, who for the reasons stated in his order dated 31st december 1991, rejected the appeal and confirmed the order of the Assistant collector, Veraval.

( 5 ) THE petitioner carried the matter in revision before the Secretary (Appeals), revenue Department, Government of gujarat. By an order dated 7th September 1993, the Secretary (Appeals) allowed the revision application and set aside the order dated 31st December 1991 passed by the collector, and directed the Collector to take necessary steps in accordance with law to regularise the encroachment by the petitioner.

( 6 ) IT appears that despite the aforesaid directions, the Collector did not regularise the encroachment. However, by the impugned order/communication dated 28th april 1997, the petitioner was informed that the petitioner had encroached upon the subject lands for residential purpose, however, he was using the same for commercial purpose. That the encroached lands form part of a road and regularisation of the same would result in narrowing down the road. Hence, pursuant to a proposal made to the Government in this regard, by a communication dated 31st January 1997 of the Revenue Department, Government of gujarat, the petitioners application for regularisation has been rejected.

( 7 ) IT is this communication/order dated s 28th April 1997 which is subject-matter of challenge in the present petition.

( 8 ) HEARD Mr. Anshin H. Desai, the learned advocate for the petitioner and ms. Darshna S. Pandit, the learned Assistant government Pleader on behalf of the respondent authorities.

( 9 ) MR. Desai has submitted that, upon grant of lease, a Sanad had been issued in favour of the petitioner under the provisions of Section 133 of the Code. That the City survey Superintendent had, by a communication dated 2nd January 1990 (Annexure "c"), opined that regularisation of the encroachment by the petitioner would not cause any hindrance on the road. That, the Town Planning Officer, Junagadh had, by a communication dated 20th November 1990, fixed the market value of the said land at Rs. 180/- per sq. mtr. That, despite the aforesaid opinion of the City Survey superintendent, the Deputy Collector had, by the order dated 22nd August 1991, 30 rejected the application of the