DUDHABHAI KARSANBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) It is not in dispute and admittedly the petitioner has been alloted 142.95 Sq.Mts. out of land bearing Survey No.437 /204. Dispute is with respect to land admeasuring 46.50 Sq.Mts. out of aforesaid land bearing Survey No.437 / 204. It is not in dispute that the petitioner has been alloted entire aforesaid land for which the petitioner has made necessary payment, therefore, the petitioner cannot be restrained from using the land which is allotted to them.

(2.) It appears that it is the case on behalf of the respondents that some 46.50 Sq.Mts. of land out of aforesaid land is wrongly alloted / given to the petitioner. So far as aforesaid aspect is concerned, it is to be noted that unless and until allotment in favour of the petitioner with respect to aforesaid disputed land admeasuring 46.50 Sq.Mts. is not cancelled by initiating appropriate proceedings, petitioner cannot be restrained from using said land / property, which is admitted sold to the petitioner.

(3.) In view of above, petition succeeds and concerned respondents hereby restrained from interfering with the possession of the petitioner on the land bearing Survey No.437 / 204 which has been alloted to the petitioner vide order dated 07.10.2009 unless appropriate proceedings are initiated by the appropriate authority and /or order dated 07.10.2009 is modified after following due procedure of law. Rule is made absolute to the aforesaid extent.