HIRIBEN PARBATBHAI GOTHANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners, by way of the present petition filed under Article 226 and 227 of the Constitution of India, have challenged the order dated 27.7.2020 passed by the Deputy Collector, Khambhadiya in the Revision Application arising out of the order dated 2.4.2018 passed by the Mamlatdar under the Mamlatdars' Courts Act in Case No.6 of 2018.

(2.) The short facts giving rise to the present petition are that the respondent Nos. 3 to 7 had filed an application before the respondent No. 2 - Mamlatdar under the Mamlatdars' Courts Act seeking removal of the obstruction caused by the petitioner by constructing toilet on the road and thereby causing obstruction to the said respondents in ingress and egress. The respondent No. 2 - Mamlatdar after hearing the parties and taking into consideration the panch rojkam directed the petitioners to remove the encroachment made by them putting up construction of toilet on the Revenue Survey Nos.272, 269, 257, 268, 505, 506, and 309 situated at Taluka Bhanvad, Village Ranpar.

(3.) Being aggrieved by the said order, the petitioners had preferred Revision before the respondent No.1 - Deputy Collector under Section 23 of the Mamlatdars' Courts Act. The respondent No.1 dismissed the said application vide order dated 27.7.2020, and therefore, the petitioners have approached this Court by way of the present petition.