IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14830 of 2014 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE A.S. SUPEHIA Sd/-

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1	Whether Reporters of Local Papers may be allowed to see the judgment ?	NO
2	To be referred to the Reporter or not ?	NO
3	Whether their Lordships wish to see the fair copy of the judgment ?	NO
4	Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?	NO

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VIMALABEN KALYANJI VORA & 2 other(s)

Versus STATE OF GUJARAT & 13 other(s)

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Appearance:

MR MEHUL SHARAD SHAH(773) for the Petitioner(s) No. 1,2,3 MS HETAL PATEL, AGP for the Respondent(s) No. 1 MR ANKIT Y BACHANI(5424) for the Respondent(s) No. 10,11,12,13,14,7,8,9 MR DK CHAUDHARI(5361) for the Respondent(s) No. 5 MR HS MUNSHAW(495) for the Respondent(s) No. 6 RULE NOT RECD BACK for the Respondent(s) No. 2,3 RULE SERVED for the Respondent(s) No. 1,10,11,12,13,14,4,5,6,7,8,9 ================================================================

CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA Date : 03/01/2023

ORAL JUDGMENT

1. By this writ petition, the petitioners have, inter alia, prayed for the following relief:-

“8(A) Your Lordships may be graciously be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, quashing and setting aside the order dated 24.07.2014 passed by the Secretary, Revenue Department (Appeals), Ahmedabad in Revision No.39/2013 and be further pleased to allow the revision application filed by the petitioners.”

2. The brief facts of the case are as under:-

2.1. It is the case of the petitioners that they are the owners of land bearing Survey No.61 of village Bidada, Taluka Mandvi, Dist.Kachchh They have purchased the said land by a registered sale deed dated 07.01.2010. The National Highway is situated in the Northern side of the aforesaid land and the petitioners are having a right of way to approach the highway on Northern side of their land. The predecessor in title was also using the said right of way on the Northern side since last 60 years.

2.2. It is further stated by the petitioners that since the respondent nos.7 to 14 started digging the land of the petitioners by claiming that the said land is a graveyard, the petitioners filed Regular Civil Suit No.345 of 2012 in the court of Principal Senior Civil Judge, Bhuj, Kachchh along with an application for interim injunction. The said application was allowed by the order dated 23.01.2014 by directing the parties to maintain status quo and the Collector, Mamlatdar and the respondent-Bidada Gram Panchayat were also authorized to remove the unauthorized construction made on the land. The said suit was filed claiming easementary right to the concerned land, which the petitioners had bought.

3. Learned advocate Mr.Shah appearing for the petitioners has submitted that the entire issue or the objection raised by the private respondents is based on the order passed by the Deputy Collector, dated 13.03.1972, whereby the certain part of Survey No.792 has been allotted to the panchayat for various purposes, including allotment of graveyard for Harijan community. He has submitted that in fact on an inquiry, it was found that no such graveyard was there on the concerned land and in fact the order of the Deputy Collector dated 13.03.1972 was not found anywhere. It is submitted that since the objection was raised by the private respondents, the petitioners submitted an application dated 22.11.2013 before the Gram Panchayat about the existing graveyard used by the particular community. It is submitted that thereafter the District Inspector Land Records (DILR), Kachchh, Bhuj also made a survey of the land and prepared a map and as per that map as well as the report, it was f

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