ALKABEN RAVINDRASINH BIYOLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, who is the Sarpanch of Simaliya Group Gram Panchayat has filed the present petition seeking following reliefs : -

(2.) It has been stated in the petition inter alia that the petitioner is a spirited citizen of India and she has no personal monetary gain by filing this petition and the petition has been filed in her capacity as the Sarpanch of the Simaliya Group Gram Panchayat (hereinafter referred to as 'the said Panchayat') for removal of the encroachment and unauthorised construction put up by the respondent No. 5. The respondent Nos. 1 to 4 are Governmental authorities and the respondent No. 5 is a private person who has allegedly put up illegal construction by making encroachment on the public road. The respondent No. 6 is a corporative society engaged in the business of marketing and selling milk and other milk based products.

(3.) The learned advocate Mr. C.B. Upadhyaya for learned advocate Mr. Mistry for the petitioner vehemently submitted that the petition has been filed by the petitioner who is the Sarpanch of the said panchayat on the basis of the resolution passed by it for removal of illegal construction put up by the respondent No. 5 on the public road which is earmarked for the passage of several private agriculturists. According to him, the respondent No.5 was hand-in-glove with the other respondent authorities, who are turning a blind eye towards the highhanded action of the respondent No.5 and even not supporting the petitioner in removing the illegal construction made by the respondent No. 5, as the respondent No. 5 is a retired police officer and the son of the respondent No. 5 is the Assistant Public Prosecutor at Bhiloda. As regards the decree of civil court passed in the suit filed by the respondent No. 5 and others (plaintiffs in the said suit), he had submitted that the said suit was filed against the private defendants, wherein the Panchayat was not party. In any case, the construction put up by the respondent No. 5 on the public road being illegal, the Panchayat has powers to remove the same under section 105 of the Gujarat Panchayats Act (hereinafter referred to as 'the Panchayats Act')