ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

1. In this public interest litigation, petitioner who claims to be a social activist and is said to be a member of Akhil Bharatiya Sarvadaliy Gauraksha Mahaabhiyan Samiti Kishan Mandal has sought for the following reliefs :-

“A) xxx;

B) issue appropriate writ, order or direction and be pleased to quash and set aside the action of the respondent authorities of allowing the government waste land i.e. land forming part of Revenue Survey No.114/3 situated in Kapadvanj, Tal.: Kapadvanj, Dist.: Kheda admeasuring Hectar-Are-Sq.mtrs. 1-05-22 sq. mtrs. for utilization of clay work by individual group of persons, viz. Khumbharpanch, and therefore, be pleased to issue appropriate writ, order or direction directing the respondent no.1 authority to constitute the committee for carrying out inquiry in respect of the irregularities and illegalities which have taken place by way of allotment of government waste land to the particular individual / group of persons and allowing the said land to be utilized for conversion into non-agriculture use, and therefore, appropriate writ, order and directions may kindly be initiated and respondent no.1 may kindly be directed to carry out inquiry in this regard, and on the basis of the report, the subject matter land may kindly be ordered to be made available to them general public at large for the public purpose including gauchar, for the general public / residents of Kapadvanj, Tal.: Kapadvanj, Dist.: Kheda and appropriate action be ordered to be initiated against all the erring officers for transferring / allowing the government waste land to be utilized for profiteering purpose of the particular group of persons / body of individuals, therefore, appropriate order may kindly be issued in this regard, in the interest of justice;

C) Be pleased to issue appropriate writ, order or direction and be pleased to direct the concerned respondent no.1 to initiate suo-moto proceedings under provisions of Section 211 of the Bombay Land Revenue Code for cancellation of the allotment of the land to the individual persons / group of individual persons i.e. Khumbhapanch i.e. land bearing Revenue Survey No.114/3 situated in Kapadvanj, Tal.: Kapadvanj, Dist.: Kheda admeasuring Hectare-Are-Sq.mtrs. 1-05-22 sq.mtrs. and the allotment of the land in question may kindly be cancelled and the said land may kindly be ordered to be restored for the general public at large, in the interest of justice.

D) Be pleased to grant interim relief and by way of interim order, be pleased to direct the respondent authorities to maintain status-quo qua the subject matter land bearing Revenue Survey No.114/3 situated in Kapadvanj, Tal.: Kapadvanj, Dist.: Kheda admeasuring Hectar-Are-Sq.mtrs. 1-05-22 sq.mtrs., and also be pleased to restrain the respondent nos.10/1 to 10/7 (partners of Krishiv Developers) from carrying out any kind of non-agricultural use of the land in question, pending admission, hearing and final disposal of the present petition;

E) pass such order as thought fit in the interest of justice.”

2. We have heard Mr. N.K. Majmudar learned Advocate appearing for the petitioner and Mr. Chintan Dave learned Assistant Government Pleader appearing for the State.

3. The thrust of the arguments as well as the grounds urged in support of the prayers sought for in this petition is to the effect that land bearing Survey No.114/3 situated in Kapadvanj Village and Taluka admeasuring Hectare-Are- Sq.mtrs. 1-05-22 was originally a Government land and it was allotted to the Kumbhar Panch for carrying out the pottery work and to encourage said vocation as it was becoming extinct and instead of putting the said land to use for which it was allotted, the same has now been converted to non-agricultural purposes and also sold. Hence, said land which belonged to the Government ought to be taken back and largesse of the State is to be distributed amongst the needy people and as a con