NAVGHANBHAI TEJABHAI DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the notice dated 24.02.2020 issued by the respondent no.3 - Mamlatdar, Taluka - Thangadh, wherein the petitioner has been asked to pay the amount of Rs.16,736/- towards penalty and also to remove the illegal construction carried out by the petitioner over the land in question.

(2.) It is the case of the petitioner that on 01.05.2019, the petitioner has submitted an application with the office of the Collector for regularizing the residential premises of the petitioner over the land in question.

(3.) It is further the case of the petitioner that in the interregnum apropos a complaint filed by one of the villagers that the Mamlatdar, Taluka - Thangadh initiated the proceeding under Section 61 of the Gujarat Land Revenue Code, 1879 which culminated into passing of the order dated 29.09.2019, wherein the Mamlatdar has ordered recovery of Rs.16,736/- towards penalty and removal of the encroachment over the land in question.