CHAUDHARY LAXMANBHAI PARTHIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Special Civil Application under Article 226 of the Constitution of India is preferred by the petitioners for an appropriate writ, direction or order to quash and set aside the impugned order dated 18.01.2011 passed by respondent No.2 Collector, Banaskantha, by which the disputed gauchar land in question out of land bearing Revenue Survey No.234/A/1 paikee situated at village Mahi, ad -measuring about 10 acres has been allotted to the private respondents.

(2.) THAT the land bearing Revenue Survey No.234/A/1 paikee situated at village Mahi is a gauchar land since many years. That a resolution came to be passed by the Mahi Gram Panchayat resolving that panchayat has no objection if the land in question is allotted to the private respondents by the State Government. That the said resolution was passed on 30.03.2010. It appears that some representations were made by the petitioners and other villagers to the Mahi Gram Panchayat to review its decision as, according to them, looking to the number of cattle in village, after the aforesaid land is taken away from the gauchar land, there will not be sufficient land remained for the cattle. That pursuant to the aforesaid representation dated 16.07.2010, panchayat reviewed its decision and passed a resolution dated 20.07.2010 resolving not to allot the land from the gauchar land to the private respondents. It appears that against the resolution passed by the Panchayat, private respondents preferred appeal before the Appellate Committee and the Appellate Committee, District Panchayat, Banaskantha allowed the said Appeal and quashed and set aside the resolution passed by the Mahi Gram Panchayat by which it was resolved not to agree to allot the land to private persons from the gauchar land. That being aggrieved and dissatisfied with the order passed by the Appellate Committee, Panchayat has preferred revision application before the State Government which was pending. That despite the above, by impugned order, respondent No.2 has allotted 10 acres of land out of the land bearing Revenue Survey No.234/A/1 paikee situated at village Mahi, which is a gauchar land to private respondents for their rehabilitation. Being aggrieved and dissatisfied with the impugned order passed by respondent No.2 allotting gauchar land to the private respondents, petitioners have preferred present Special Civil Application under Article 226 of the Constitution of India for the aforesaid reliefs.

(3.) SHRI Majmudar, learned advocate appearing on behalf of the petitioners has vehemently submitted that while passing the impugned order and allotting the land from gauchar land to the private respondents, respondent No.2 has not considered the objections submitted by the petitioners and the villagers of the Mahi Gram Panchayat. It is submitted that in the representations made to respondent No.2, it was specifically pointed out that as such there are 3961 cattle in the village and there is very few land available for the purpose of cattle and therefore, if any further land is taken away from the gauchar land, it will not be in the interest of cattle of the village and the village people, still the aforesaid aspect has not been considered by respondent No.2. It is submitted that in the representation dated 09.08.2010 it was specifically pointed out that private respondents herein are not infact affected persons and this is an attempt to grab the land whereby the land would ultimately go to the builders and some influential persons, still the land is being allotted to private respondents herein.