SHREE JANGI GRAMPANCHAYAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. R.D Kinariwala for the petitioner and learned AGP Mr. Nikunj Kanara for respondent-State. None has appeared on behalf of the private respondents though served.

(2.) By way of filing this petition, the petitioner has prayed for the following reliefs.

(3.) Learned advocate for the petitioner Mr. Kinnariwala has submitted that the petitioner is a Grampachanyat registered under the provisions of the Panchayat Act situated at village Jangi, Taluka: Bachau, District: Kutch . That the respondent no.4 has made illegal encroachment upon survey no. 1001/ Paiki admeasureing 1.00 hectors of land of the Panchayat and has installed wind mill on the said land . He has submitted that the said fact has already been reflected from the inspection carried out by the office of DILR, therefore, has requested to get it removed the wind mill from the Gauchar land. That the respondent no.4 has admitted that due to some technical error, the respondent no.4 had installed the wind mill at survey no. 1001/ Paiki instead of survey no. 1000/ Paiki. According to learned advocate Mr. Kinnariwala, this admission is sufficient to direct the authorities to remove the encroachment on the Gauchar land. Therefore, he has prayed to pass appropriate order in this regard and handover the peaceful possession of the land in question to the petitioner herein.