DINESH RANCHHOD DHARSANDIYA Vs. MAMLATDAR

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for an appropriate Writ, direction and/or order quashing and setting aside impugned notice dated 25.01.2010 issued by respondent No.1 - Mamlatdar, Kutiyana seeking to take possession of 15 Acre of agricultural land situate at Kutiyana Sim bearing land Survey No.32/P Morapati at Kutiyana, District - Porbander and to allot the same in favour of respondent no.4 by initiating proceedings under Section 202 of the Bombay Land Revenue Code, 1879 contending inter-alia that said order is illegal, arbitrary, unreasonable and contrary to the documentary evidence available on record.

(2.) Facts leading to the present Special Civil Application in nutshell are as under :-

(3.) It appears that thereafter to implement order passed by the GRT dated 03.04.1992 various notices were issued by respondent No.1 - Mamlatdar which were replied by the petitioners and others time and again and ultimately petitioners and respective parties were heard by the Mamlatdar, Kuthiyana on 30.12.2009. However, thereafter, learned Advocate appearing for Garisdar submitted written submission and therefore, further hearing was fixed on 22.01.2010 and thereafter, impugned order / notice came to be issued by the Mamlatdar, Kutiyana dated 25.01.2010 to hand over 15 Acre of swang land to Garisdar. Being aggrieved with the aforesaid notice / communication dated 25.01.2010 directing petitioners to appear before the Mamlatdar, Kutiyana on 11.02.2010 for handing over possession of 15 Acre of land held by the petitioners, the petitioners have preferred present Special Civil Application under Article 226 of the Constitution of India.