The Court emphasized that the issue of alleged encroachment could not be decided in the exercise of powers under Article 226 of the Constitution of India and that the Settlement Commissioner had not erred in arriving at the impugned decision.

C.L. Soni, J.

1. Following is the main prayer made in Paragraph No. 44(A) in the petition filed under Article 226 of the Constitution of India:-

"44(A) Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order of direction declaring the action of respondents as illegal, arbitrary, unjust, contrary to the law and be pleased to declare the action of respondents as illegal and arbitrary, unreasonable, without jurisdiction so far as it relates to eviction of petitioners from the subject land on the basis of Settlement Commissioner order dated 15.10.2015 and be further pleased to command and restrain the respondents from interfering with the peaceful possession of petitioner from the subject land bearing revenue survey No. 293/P3 admeasuring 20939 sq. mtrs., revenue survey 293/P2 admeasuring 20740 sq. mtrs. and revenue survey No. 293/P1 admeasuring 20740 sq. mtr. of village Nana Mandha Taluka Khambhalia District Devbhumi Dwarka (Old Jamnagar)."

2. Civil Application No. 12317 of 2015 is filed for following main prayer made in paragraph No. 12(B):-

"Hon'ble Court be pleased to issue necessary order and directions for initiating appropriate inquiry against respondents for dispossessing the applicants be police officers and be further pleased to direct such authority to place report of inquiry before this Hon'ble Court and be further pleased to punish such officers for such illegal acts."

3. Civil Application No. 12905 of 2015 is filed for following main prayer made in paragraph No. 14(A):-

"Hon'ble Court be pleased to admit and allow this application by restraining the respondents theirs servants and agents from interfering with applicants possession of the agriculture land situated at Moje Nana Mandha Takuka Khambhalia, District Devebhumi Dwarka (Old Jamnagar) bearing revenue survey No. 293/P3, 293/P2 and 293/P1 in any manner."

4. It appears that the petitioners and other agriculturist had earlier preferred Special Civil Application No. 10798 of 2015 and allied matters challenging the alleged high handed action of the State authorities stated to be at the behest of respondent No. 2 - Company in trying to remove the petitioners from their agricultural lands without any authority of law and under the guise of acquisition of their lands bearing revenue survey No. 293/P3, 293/P2, 293/P1 (lands in question). Such petitions were disposed of by order dated 05.10.2015 as withdrawn, as Settlement Commissioner was to hear the grievance of the petitioners of Special Civil Application No. 10671 of 2015 and was also directed to hear the grievance of the petitioners, if the petitioners approached him on 09.10.2015 as the Settlement Commissioner was to render decision by 16.10.2015. It appears that the petitioners then approached Settlement Commissioner with an application on 09.10.2015, copy whereof is placed at Page No. 38. In the said application grievance appears to be raised is that respondent No. 2 - company and the Government Officers are misguiding the petitioners and village people and trying to enter upon the lands of the petitioners though respondent No. 2 is not allotted lands of the petitioners. Request is made in the said application that the copies of the orders giving land for personal cultivation in the year 1971, copy of the original Sanad issued in the year 1973 as well as copy of so called measurement sheet of 1973 be ordered to be produced before the Settlement Commissioner and as per measurement taken on site with transplanted sheet on the original documents be considered and necessary order for correcting the record be passed. One more application dated 09.10.2015 was also filed before the Settlement Commissioner to issue necessary direction to any officer to visit site and the office of District Collector, Devbhumi Dwarka be asked to identify and prepare a panchnama in presence of the applicants for the land in relation to the panchnama and Kabja Pavti dated 10.06.2015 for the lands allotte