SUNDERBHAI HIRABHAI VEGADA Vs. DISTRICT MAGISTRATE AHMEDABAD

JUDGEMENT

(1.) In this petition under Art. 226 of the Constitution of India, the petitioner detenu has challenged the legality and validity of the order of detention dated 3.1.2002 passed against him by the District Magistrate, Ahmedabad in exercise of the powers conferred on him by Sec. 3(2) of the Prevention of Anti-social Activities Act, 1985 (hereinafter referred to as the PASA Act) branding the petitioner as a land grabber.

(2.) Heard Mr. K. Pancholi the learned Advocate for the petitioner and Mr. H.H. Patel the learned AGP for the respondent Nos. 1 and 2. The affidavit-in-reply filed by the detaining authority-District Magistrate, Ahmedabad is tendered today and the same is taken on record.

(3.) According to the affidavit of the detaining authority it is submitted that he has been detained as he has committed fraud with the Government being Talati-cum-Mantri of a particular village and he has created a right in favour of one Salimbhai Ibrahimbhai in an illegal manner and in that way present petitioner in the capacity of main person who grabbed the land situated at village Saroda Taluka Dholka bearing Block No. 339 admeasuring abut 44.52 Are. The petitioner detenu was a party in producing bogus documents and in creating false Panchnama.