A public interest litigation may be disposed of when the underlying cause of action no longer survives, particularly after a statutory committee has investigated the allegations and found no merit in the claims.

ORAL ORDER

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

1. No one has put in appearance to press the present petition filed in the nature of the public interest litigation. On the last occasion i.e. 04.09.2025, with the consent of the learned advocates appearing for the respective parties, the matter was directed to be listed on 18.11.2025. Thereafter, it was listed but could not be taken up. The petitioner herein raises a dispute with regard to certain illegal and unauthorized constructions raised by certain private parties. The contention in the writ petition is that the petitioner moved application before the Collector for removal of unauthorized constructions but nothing has been done and hence, the occasion for filing the present writ petition arose. It is also stated in the writ petition that if illegal and unauthorized encroachment has not been removed by private respondent No.5 herein, the petitioner will be left with no other option except, to avail the remedy permissible under the Gujarat Land Grabbing (Prohibition) Act, 2020.

2. When the matter was taken up today, the learned counsels for the respondents invited attention of the Court to the affidavit dated 22.09.2023 filed on behalf of the respondent No.3, Talati-cum-Mantri, Kodki Gram Panchayat, Taluka:Bhuj, District : Kutch, wherein a letter dated 17.03.2023 addressed to the petitioner herein, which is in reference to the application/complaint made by the petitioner under the Land Grabbing Act, 2020, has been filed. It is stated therein that the application moved by the petitioner after inquiry was placed before the Committee constituted under the Land Grabbing Act, 2020 and it was found that there was no encroachment. The application filed by the petitioner under the Land Grabbing Act has, thus, been consigned to record. The petitioner has not filed any response to the said affidavit, till date.

3. In view of the above, we dispose of the present public interest petition as the cause of action for filing the present petition no more survives.

Disposed of.