IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 18934 of 2022 ==========================================================

THAKARSHIBHAI JIVABHAI Versus STATE OF GUJARAT ==========================================================

Appearance:

MR YV VAGHELA(2450) for the Petitioners MR JYOTI BHATT, AGP for the Respondent(s) No. 1 – State for the Respondent(s) No. 2,3,4 ==========================================================

CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT Date : 21/09/2022

ORAL ORDER

1. Challenge in this petition is made to the notices issued by the Sarpanch of the Ranpur Gram Panchayat, Ranpur dated 09.09.2022 and 13.09.2022, whereby it is directed to the petitioners to remove the encroachment.

2. Heard Mr.Y.V. Waghela, learned advocate for the petitioners and Ms.Jyoti Bhatt, learned AGP for the State Authorities.

3. Mr.Waghela, learned advocate for the petitioners has submitted that the petitioners are residing on the land in question since long. The certain parcel of land in question is de-notified by the Government from the Gauchar land to Government land and entry to that effect is also mutated in the revenue record. The respondent no.4 – Panchayat has issued notices to the petitioners under Section 105, but the said notices are issued under the signature of the Sarpanch and thus the Sarpanch is trying to over-reach the process of law for his ulterior motive.

4. Against that, learned AGP Ms.Jyoti Bhatt for the State Authorities has submitted that the Sarpanch can issue the notice under the law.

5. Mr.Waghela, learned advocate for the petitioners has drawn the attention of this Court towards the proceedings of the similarly situated persons pending before this Court being Special Civil Application No.9486 of 2022 wherein this Court has protection the petitioners vide order dated 19.05.2022. He has submitted that the said petition is coming on board for hearing on

30.09.2022.

6. In view of above, by keeping open all the contentions of the respective parties, issue notice to the respondents returnable on 30.09.2022.

7. It is ordered that the impugned notices dated 09.09.2022 and 13.09.2022 issued by the Sarpanch of the Ranpur Gram Panchayat, Ranpur are hereby stayed till the next date of hearing.

Direct service today is permitted.

(SANDEEP N. BHATT,J)

M.H. DAVE