1. By means of filing the present writ application under Articles 14, 19, 21 & 226 of the Constitution of India, the petitioner – a marginal farmer, who is tilting the land since the time of his forefathers and apprehending threat of dispossession at the hands of the respondents herein - has inter alia prayed for issuance of writ of mandamus or any other appropriate writ, order or direction, directing the respondents not to evict him forcibly, and thereby allow this petition by quashing and setting aside the possession note issued by the Range Forest Officer on 14th June 2006.

2. Brief facts, as averred in the writ application are that the petitioner is occupant of a piece of land, bearing Survey No. 2-paiki admeasuring 13.30 Acres of Chikhal Kuba, Survey No. 47-paiki admeasuring 10 Acres of Chikhal Kuba, since the time immorable. The grand-father of the petitioner named Suleiman Nathubhai Multani had paid Vigoti over the land in question for many years and after the death of landholder, Division Forest Officer vide Order dated 27th December 1971 entered name of Piru Suleiman, who was adopted son of the original landholder- Suleiman Nathu. For all these years, grandfather of the petitioner and petitioner cultivated the land, however, due to persisting interference into the possession of the petitioner, he was compelled to move Civil Court by preferring a Regular Civil Suit No. 177 of 1989, which eventually came to be decreed on 30th March 1991 on certain terms and conditions. Aggrieved petitioner moved the District Court at Junagadh by filing a Regular Civil Appeal No. 105 of 1991 against the judgement and decree passed by learned Civil Judge [SD], Veraval in Regular Civil Suit No. 177 of 1989, which too came to be dismissed, giving rise to filing of the present writ application, on an apprehension of eviction from the land.

3. Heard Mr. M.A. Kharadi, learned advocate for the petitioner and Mr. Hardik Soni, learned Assistant Government Pleader for the respondents.

4. Mr. M.A. Kharadi, learned advocate for the petitioner submitted that the land, bearing Survey No. 2 paiki admeasuring 3.30 acres of Chikhal Kuba and Survey No. 47 paiki, admeasuring 10 acre of Chikhal Kuba was given to grand father of the petitioner, namely, Suleiman Nathubhai Multani. That, he had paid the “Vigoti” of the land in question for number of years and after his death, name of his adopted son Piru Suleiman was entered in the record of the respondents on 27th December 1971. Since then, the father of the petitioner and petitioner himself were cultivating the land and were in possession, but the respondents suddenly prevented their entry into the said land. Therefore, the petitioner was constrained to file Regular Civil suit No. 177 of 1989 in the court of learned Civil Judge (S.D.) at Veraval for protecting his possession of the land in dispute and thereby restraining the respondents to make any disturbance into the land. That, the said suit was decreed by the learned Civil Judge in favour of the petitioner. However, on advise given to the petitioner, Regular Civil Appeal No. 105/1989 was preferred by the petitioner for limited purpose to challenge the observations made by the learned Civil Judge that the land cannot be cultivated by anyone else except the plaintiff and he has to make an application so that the defendants can decide the prayer of the plaintiff. That, the learned District Judge, Junagadh, on 5th February 1999, dismissed the appeal by confirming the judgment and decree passed by the learned Senior Civil Court at Veraval. That, the petitioner preferred Second Appeal, bearing No. 20 of 1999 before this Court, but it was dismissed for non prosecution. That, the restoration of Second Appeal, being Misc. Civil Application No. 2436/2001 was preferred by the petitioner, which was also dismissed. That, another Misc. Civil Application No. 1026/2006 was preferred by the petitioner to restore Misc. Civil Application No. 2436/2001, which was als