( 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