ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

This is a wholly misconceived petition filed by the power of attorney holder of the erstwhile owners of Survey No. 1091 of area admeasuring 4.29 acres, whose land had been acquired for the purpose of Gandhinagar Capital City Project as early as in the year 1965.

2. The present writ petition is filed with the prayer that a writ in the nature of Mandamus be issued directing the State Government to treat the land bearing Survey No. 1091 (1.02 Acres) situated at village Pethapur, Taluka-District Gandhinagar as a freehold land of the absolute ownership of the petitioners herein, as the said plot has not been acquired by the State under any law prevalent and with the contention that the petitioners are in lawful and legal ownership and possession of the land-in-question and have rights to enjoy uninterrupted/undisturbed possession of the same. The prayer has further been made to restrain the respondents from interfering in the possession of the petitioners over the land-in-question. The petitioners have joined the State through the Secretary, Road and Building Department and the State authorities such as the Secret