MADARSING MANAJI RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) .Heard Ms. Kusum M. Shah, learned Advocate appearing on behalf of the petitioner and Mr. I. M. Pandya, learned A.G.P. appearing on behalf of the respondents.

(2.) The present petition, wherein ad interim relief has been granted by this Court on 9th July, 1991 and Rule was issued by this Court on 19th August, 1991 and ad-interim relief has been directed to remain continued.

(3.) In the present petition, the petitioner has challenged the order passed by the Deputy Secretary, Revenue Department (Appeals), Ahmedabad dated 29th November, 1990 - Annexure-H to the petition. The brief facts of the present case are as under :- The petitioner had put up a shed (chhapru) on the land admeasuring 15'xl5' situated near S. T. Bus Stand and had started a tea stall. The land was a village site (Gamtal) land which had vested in the Gram Panchayat, Vadgam. The petitioner had made application dated 6th January, 1986 - Annexure-A to the District Development Officer, Palanpur requesting that aforesaid encroachment be regularised and he may be granted the land by charging occupancy price. Pursuant to the aforesaid application, the Gram Panchayat, Vadgam had passed resolution recommending to the District Development Officer to regularise the aforesaid encroachment at that relevant time, the District Development Officer has not taken any decision in respect of the application submitted by the petitioner. The petitioner was not aware that who was the competent authority for regularising aforesaid encroachment, therefore, the petitioner has moved the Mamlatdar, Vadgam and the Collector, Banaskantha requesting that the aforesaid encroachment be regularised. By order dated 1st January, 1987 the Mamlatdar had informed the petitioner that as the land was not gauchar land, this office had nothing to do in the matter and the petitioner should approach the competent authority. Against the said order of the Mamlatdar, the petitioner has approached to the Collector by way of Appeal under Sec. 203 of the Bombay Land Revenue Code. By letter dated 3rd March, 1987, the appeal was returned to the petitioner and the petitioner was informed that he should claim 'in a competent Court' or alternatively prefer an appeal to the Deputy Collector. Thereafter, the petitioner had approached the Deputy Collector by way of appeal which came to be rejected by order dated 28th April, 1987. Against the said order of the Deputy Collector, the petitioner has approached the Collector by way of appeal. During the pendency of this appeal, realizing the fact that the competent authority for regularising such encroachment was the District Development Officer, and therefore, the petitioner has moved the authority under the Gujarat Panchayat and ultimately, by order dated 5th July, 1989, the District Development Officer regularised the encroachment and granted the land to the petitioner for residential purpose. Pursuant to the aforesaid order passed by the District Development Officer dated 5th July, 1989, the petitioner had applied for permission and obtained permission for construction of residential house from the Deputy Executive Engineer, Palanpur and the Gram Panchayat, Vadgam after obtaining such permission, some time in November, 1989, the petitioner had constructed a residential house consisting of three rooms and has invested expenditure about Rs. 40,000/- and the land was granted in favour of the petitioner and has submitted application to the Collector seeking to withdraw the appeal pending before him. However, the Collector has not allowed withdrawal of the appeal but passed order dismissing the appeal on 26th July, 1989 though according to the petitioner, the copy of the said order has not been received by the petitioner.