IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
V.M. Sahai, R.P. Dholaria, JJ.
Haripara Gram Panchayat - Appellant
Vs.
State of Gujarat and Ors. - Respondents
Writ Petition (PIL) No. 148 of 2011
Decided On: 28.04.2015
Gujarat Land Revenue Code, 1879 - Section 7A - Gujarat Panchayats Act, 1961 - Section 9 - Constitution of India, 1950 - Article 226 - Allotment of plots - Petitioner prays that this Hon'ble Court may be pleased to issue Writ of Mandamus or a writ in nature of Mandamus or any other appropriate writ, order or direction directing respondent authorities to take effective corrective steps to re-earmark and reassign the land in question as gauchar land belonging to Petitioner Gram Panchayat -Held, When the Gujarat Land Revenue Code and the Gujarat Panchayats Act, 1961 itself have provided for efficacious remedy for declaration of Gram Panchayat as well as revenue village, the petitioner could have resorted to the said particular remedy in accordance with law and not by way of preferring the present writ petition in the nature of Public Interest Litigation. This is a pure and simple dispute of rival claims of the panchayats against each other and element of public interest is not involved in this writ petition - Petition dismissed.
R.P. Dholaria, J.
1. By filing the present writ petition, the petitioner has prayed for the following reliefs.
"12. A That the petitioner prays that this Hon'ble Court may be pleased to issue a Writ of Mandamus or a writ in the nature of Mandamus or any other appropriate writ, order or direction directing the respondent authorities to take effective corrective steps to re-earmark and reassign the land in question as gauchar land (pasture land) belonging to Petitioner Gram Panchayat.
B. That this Hon'ble Court may be pleased to issue appropriate writ, order or direction directing the respondent authorities not to allot or issue sanad of the land in question in favour of persons from another village.
C. That this Hon'ble Court may be pleased to issue appropriate order declaring the impugned action on part of the Respondent Authorities of assigning the Gauchar (pasture) land of the Petitioner Gram Panchayat to the Respondent No. 5 Gram Panchayat as its "gamtal", as bad in law, arbitrary and in violation principles of natural justice and further be pleased to quash and set aside the same.
D. That during the pendency of the present petition this Hon'ble Court may be pleased to issue appropriate direction to the respondent authorities not to disturb nature of land as gauchar land (pasture land).
E. That during the admission and pendency of the present petition this Hon'ble Court may further be pleased to pass appropriate order directing the respondent authorities not to allot or issue sanad of the land in question in favour of persons from another village.
F. xxx xxx xxx"
2. The short facts giving rise to the present petition are as under.
2.1 It is the case of the petitioner that because of intended impugned action on the part of the respondent authorities, the petitioner is likely to lose its substantial part of gauchar land which is sought to be illegally taken away by the State authorities. It is the case of the petitioner that the petitioner gram panchayat belongs to Indian National Congress, whereas elected body of respondent No. 6 have the majority of Bhartiya Janta Party. The impugned action of allotting the gauchar land of the petitioner to landless persons of another village by assigning the same as "gamtal" land of village Dhari is bad in law and suffers from the vice of political mala fide and is against the larger public interest and also against the state policy of encouraging the field of animal husbandry.
2.2 It is the case of the petitioner that total population of village Haripara is approximately more than 4000 and total population of cattle in the village is approximately 3500 to 4000. It is averred that originally 60 acres of land was available with the petitioner which was earmarked as "gauchar land" in the year 1957. Thereafter, respondent No. 3 assigned 20 acres land as "gamtal" out of 60 acres land and gave the same to the landless persons and out of 20 acres, 5 acres of land was reserved for allotment to the government employees. It is averred that against the action of the respondent authority, villagers have made certain representations, however, no corrective measures has been taken though the respondent authorities are clothed with ample powers for taking corrective measures. It is also averred that the respondent authorities are likely to issue sanad in favour of the villagers of another village by holding "Garib Kalyan Mela". It is the case of the petitioner that nature of land of Survey No. 633 is not changed and the same has remained with the petitioner and the said pasture land is now sought to be allotted to the landless persons of another village on the basis of some resolution passed by respondent No. 6.
2.3 It is the case of the petitioner that the petitioner made an application in 2002 to the respondent authority to assign part of gauchar land for "samshan". Pursuant thereto, respondent authority passed order on 20.2.2003 earmarking 0.20 gunthas of land for "samshan". Thereafter, the petitioner m
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