GANPATBHAI N RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Ganpatbhai N. Rathod-petitioner has filed this petition praying for a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside the order dated 27th June, 2001. The petitioner had challenged the said order passed by the Additional District Magistrate, Bharuch which has been passed under Section 144 of the Criminal Procedure Code (hereinafter referred to as `the Code'). The District Magistrate has imposed certain conditions for carrying out fishing activity by putting up of wooden pole with nets on the bank of the Narmada River for two months, in certain circumstances on the ground of public safety. This petition has been filed by the petitioner along with other Tribals (hereinafter referred to as the petitioners). Along with this petition, there are other Special Civil Applications namely, Spl. C.A.. No. 5274/2001 filed by Ashapuri Fishing Udyog Seva Sahkari Mandali, 5275/2001 filed by the Reva Fishermen Co-op. Society and , 5276/2001 filed by Ganpatbhai Raisangbhai Gohel before this court. All these petitions raise identical question of law and facts and therefore, I have heard all these matters together.

(2.) However, some of the fishermen filed caveat and affidavit in Special Civil Application No. 5307 of 2001. The learned advocate for the petitioner as well as learned A.G.P. along with other learned counsel for the respondents had requested me to take up the said matter. Therefore, I have taken up facts of the said matter.

(3.) It may also be stated earlier for the interim order I had heard Special Civil Application No. 5275 of 2001 and by the order dated 30.7.2001, this court admitted the matters and also granted interim relief staying the effect of the Notification.