MANOJBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed by 45 petitioners under Article 226 of the Constitution of India seeking following reliefs as prayed for in paragraph 11 : ?

(2.) As per the case of the petitioners, the petitioners are residing in Kachcha Pukka houses constructed on the land bearing Survey No.237 paiki situated at Ajinagar, Rajkot. The respondent authorities had issued notices to the petitioners, calling upon them to vacate the said plot on the ground that they had encroached upon the said land unauthorizedly. Some the of the petitioners had replied to the said notices and requested to regularise their occupation as per various schemes of the State Government, as the respondent authority had allotted alternative accommodation to many persons similarly situated as the petitioners. The last notice received by the petitioners was dated 12.10.2020 issued by the respondent Mamlatdar, Rajkot (City) under Section 202 of the Land Revenue Code (hereinafter referred to as "the Code").

(3.) It is sought to be submitted by the learned Advocate Mr.Majmudar for the petitioners that the petitioners belong to a very lower strata of society and they have no other houses, and if they are evicted from their huts situated on the land in question, they would be rendered homeless. Mr.Majmudar also submitted that considering the present pandemic situation, the petitioners be allotted alternative accommodations as per the prevailing Government Schemes.