MOHANLAL K PATEL Vs. UKKABHAI L PATEL

JUDGEMENT

(1.) The present Special Civil Application is preferred against the order, dated 15.7.86 passed by the State Government in exercise of its revisional jurisdiction whereby the order of the District Collector dated 30.10.1986 so far as it relates to setting aside the order for removing the encroachment is quashed.

(2.) The short facts of the case are that the respondent No.1 moved an application before the Deputy Collector alleging that the petitioner herein has made encroachment over the lands belonging to him admeasuring 55 Sq.Mtrs and therefore he requested the Deputy Collector to get the land vacated and give the possession to him. The Deputy Collector ultimately after hearing both the sides passed an order on 15.7.86 whereby he demarcated the boundaries and he further directed the present petitioner to vacate the said land. The present petitioner preferred appeal against the order of the Deputy Collector before the District Collector under section 203 of the Bombay Land Revenue Code and the District Collector after hearing both the sides partly allowed the appeal whereby he confirmed the order of the Deputy Collector for fixation of boundaries under section 119 of the Bombay Land Revenue Code, but he reversed the order of the Deputy Collector giving direction to vacate the same and further observed that for the purpose of removal of encroachment the appellant would be required to approach the Civil Court. Against the said order dated 30.10.1986 passed by the Collector, the respondent No.1 herein preferred revision before the State Government. It is worthwhile to note that the present petitioners have not preferred any revision against the order dated 30.10.1986 passed by the Collector, Valsad and they have accepted the same. The Special Secretary exercising the powers of the State Government ultimately heard the revision and found that in view of section 12(2) of the Bombay Land Revenue Code the revenue authority has the power to direct for eviction from the said land over which there was encroachment on account of measurement or re-measurement of the land in question. The Special Secretary, ultimately, allowed the revision and restored the order passed by the Deputy Collector, dated 15.7.86 against which the present petition is preferred.

(3.) I have heard Mr.Utpal Panchal for Mr.D.D.Vyas appearing for the petitioners and Mr.M.R.Shah for respondent No.1 and Mr.Premal Joshi, Ld.AGP for respondent No.2 and I also have perused the record of the Special Civil Application.