HARSUKHBHAI RANCHHODBHAI SINGALA Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) The petitioners have filed this revision application and challenged the order passed by Deputy Collector, Gondal on 31.5.2010 in Mamlatdars' Court Revision Case No.8 of 2009-10.

(2.) The petitioners are holding agricultural lands bearing survey No.123/1 paiki admeasuring 39 acre and 37 gunthas and respondent Nos.3 to 8 are holding agricultural land bearing survey No.130-p.3, 130/6, 126/4, 126/1, 126/5 and 130/7 respectively of village Vadasada, Tal: Jetpur. The respondent Nos.3 to 8 filed an application under section 5 of the Mamlatdars' Courts Act contending that there is only one road to go to their agricultural lands through boundary (sheda) of the agricultural lands of the petitioners and they have been using the same since about 50 years to go to their agricultural lands and respondent Jilubhai has laid pipelines on such road. It was also contended that the petitioners have no right to obstruct their right of way, but have obstructed their way and hence, prayed that the petitioners may be directed to remove the obstruction put on the road and not to damage the pipelines passing through the road and also prayed for interim relief. The Mamlatdar, Jetpur by order dated 10.7.2008, granted ad interim relief in respect of boundary of survey No.124 paiki. Respondent Nos.3 to 8 thereafter made an application to the Mamlatdar for correction of error in mention of survey No.124 and the Mamlatdar, without issuing notice and affording opportunity of hearing, modified the order dated 10.7.2008 and corrected survey No.124 as serial No.123/1 paiki. Therefore, the petitioners filed Revision Case No.5 of 2009-10 before the Deputy Collector under section 23 of the Mamlatdar's Courts Act. After hearing the parties, by order dated 29.10.2009, the Deputy Collector partly allowed the revision case and directed the Mamlatdar to dispose of the case as early as possible. Pursuant to the order, Mamlatdar, Jetpur, after hearing the advocates for the parties, passed the order dated 12.3.2010 and granted the relief claimed in the application. The petitioners challenged the said order before the Deputy Collector, Gondal by filing Revision Case No.8 of 2009-10. The parties filed written submissions. The Deputy Collector, after considering written submissions of the parties, passed the impugned order and dismissed the revision application. Being aggrieved by the said decision, the petitioners have approached this Court.

(3.) With the consent of the learned advocates for the parties, this revision application is taken up for final hearing today.