IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 20269 of 2021 ==========================================================

RAJUBHAI SAKRABHAI VAGHELA Versus STATE OF GUJARAT ==========================================================

Appearance:

MR MANOJ S JOSHI(2961) for the Petitioner(s) No. 1,2,3,4,5,6,7,8 MS MITA S PANCHAL(530) for the Petitioner(s) No. 1,2,3,4,5,6,7,8 for the Respondent(s) No. 2,3,4,5 MR JAINIL PARIKH, AGP (99) for the Respondent(s) No. 1 ==========================================================

CORAM:H ONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 31/12/2021

ORAL ORDER

Learned advocate for the petitioners has placed on record the draft amendment. The same to be carried out forthwith.

1. The petitioners herein having invoked extra ordinary jurisdiction under Article 226 of the Constitution of India have prayed for the following reliefs:

“9. The petitioners, therefore, humbly prays that:

(A) Your Lordships may be pleased to admit and allow this petition;

(B) Your Lordships may be pleased to issue writ of mandamus and or any other appropriate writ, order or direction by restraining the respondent authorities by declaring that the issuance of notice under Section 105 of the Gujarat Panchayat Act of removal of the petitioners from their property/houses is illegal, arbitrary and contrary to the resolutions passed by the Panchayat and hence, the notices issued at Annexure.A as well as Annexure.C are required to be cancelled, in the interest of justice.

(C) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to restrain the respondent authorities by issuing necessary writ, order or direction by not evicting the petitioner

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Annexure.C to this petition, in the interest of justice. (D) Grant such other and further relief/s as deemed just and proper in the interest of justice.”

2. Learned advocate Ms. Mita Panchal appearing for the petitioners have taken this Court through the resolution dated 25/05/1984 passed by Satej Gram Panchayat, Taluka-Kalol, District-Mehsana pursuant to which the District Panchayat, Mehsana had passed order of allotment of land bearing revenue survey no.681 admeasuring 0.15 gunthas subject to the conditions mentioned therein whereby the land bearing survey no.681 admeasuring 0.15 gunthas came to be allotted to Gujarat Gram Gruh Nirman Board for making residential houses for weaker sections of the society.

3. It is the case of the petitioners that pursuant to such order of allotment, the petitioners herein had deposited requisite amount being beneficiaries of the same and have been put in possession. It is further contended by the petitioners that since 1985, the petitioners herein are in possession of 0.15 gunthas of the said land and have also constructed residential houses over the said land.

4. The attention of the Court is drawn to the letter dated 18/08/2021 addressed by Taluka Development Officer, Taluka Panchayat Office, Kalol, District-Gandhinagar to Prant Officer, Taluka- Kakol, District-Gandhinagar whereby it is submitted that merely on the basis of communication of the MLA of that area, the petitioners apprehended dispossession and,therefore, constrained to approach this Court by filing petition being Special Civil Application No.19006 of 2021.

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this Court vide oral order dated 15/12/2021, had disposed of the said petition with the following observations:

“5. The petition is therefore disposed of. However, needless to say that in the event the Panchayat intends to take any action, the same will be in accordance with law. The communication dated 02.12.2021 specifically states that they will follow the procedure under Section 105 of the Act. The apprehension of the petitioner that by virtue of the Collector’s communication dated 14.12.2021 to the Taluka Development Officer not to take any action because of the pendency of the petition, shall not be taken int

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