KIRITKUMAR Vs. PAREKH VERSUS COLLECTOR

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India the petitioner who is claiming ownership over the land in question i.e. land admeasuring Acre 0 - 20 Gunthas out of the land bearing survey no.30/1 paiki situated at Village - Chotila has prayed for an appropriate Writ, direction and/or order quashing and setting aside impugned order dated 09.04.2009 passed by the Collector, Surendranagar in Land Dispute Case No.63 of 2008.

(2.) DISPUTE is with respect to land admeasuring Acre -0 - 20 Gunthas out of land bearing Survey No.30/1 paiki situated at Village - Chotila and it was the case on behalf of the petitioner that land in question on which now Office of Mamlatdar is already constructed belongs to him and that he had not encroached upon the said land in question. Collector, Surendranagar after holding necessary inquiry and on the representation made by the petitioner has passed the impugned order dated 09.04.2009, holding that land in question i.e. land admeasuring Acre -0 - 20 Gunthas out of land bearing Survey No.30/1 paiki situated at Village - Chotila upon which Office of Mamlatdar is already constructed does not belong to and/or ownership of the petitioner and same is Government land. Being aggrieved and dissatisfied with the aforesaid order dated 09.04.2009 passed by the Collector, Surendranagar in Land Dispute Case No.63 of 1998, the petitioner has preferred present Special Civil Application under Article 226 of the Constitution of India.

(3.) MR .Satyen Rawal, learned Advocate for the petitioner has vehemently submitted that Collector, Surendranagar while passing the impugned order has not considered so many other documents and aspect with respect to ownership of the land in question. It is submitted that there was no demarcation of boundary by the Office of District Inspector, Land Revenue ('D.I.L.R.' for short) and /or the Collector, Surendranagar. It is submitted that if Office of D.I.L.R. and/or office of Collector would have taken proper care of making demarcation, in that case, it would have been established, which portion of land belong to him and whether the land in question belongs to State Government or not. It is submitted that there were other documents inclusive of the order passed by the Civil Court as well as Mamlatdar which were in favour of the petitioner and they have not been considered by the Collector, Surendranagar while passing impugned order. Therefore, it is requested to admit present Special Civil Application.