JAGDISH TRIKAMDAS KHATWANI Vs. CHIEF OFFCIER ADMINISTRATOR

JUDGEMENT

(1.) Rule. Mr. Bambhania waives service of rule on behalf of respondent No. 1. Mr. K.P. Raval, learned AGP, waives service of rule on behalf of respondents Nos. 2 and 3. By consent rule is fixed forthwith.

(2.) This petition is pending since issuance of notice as per order dated 24.12.2001. The petitioners have challenged the action initiated by the respondent authority by issuing notice to evict the place occupied by the petitioners, as according to the respondent authority, they are encroachers. While filing this petition, it is the case of the petitioners that the notice in question is issued without application of mind and the same is illegal, as according to the petitioners, place occupied by them is allotted by the Chief Officer of Talod Nagarpalika under Resolution and even after allotment of land, the Municipal authority is charging rent and even the authority under the Shops and Establishments Act has also granted licence in respect of running of their business in the place allotted to them. The petitioners have also annexed various receipts issued by the Talod Nagarpalika to show that they have paid the rent and some of the documents clearly show that even the respondent -Talod Nagarpalika (Borough) had accepted the rent upto the period of March, 2002. Documents produced by the petitioners also show that even the Chief Officer, Talod Nagarpalika had also granted permission for transfer of the place, namely, cabins occupied by them by charging fees. In short, it is the case of the petitioners that they are not encroachers and they are occupying the place allotted under the Resolution passed by the Nagarpalika. In short, as per the notice issued by the Chief Officer, Talod Nagarpalika dated 16.12.2001, which is a printed notice, the petitioners were informed that they are occupying the place unauthorisedly and they have encroached upon the said place, which is situated in the Bazar road by placing cabins/larry gallas and the petitioners were asked to remove the said encroachment by granting 24 hours time, failing which such encroachment will be cleared by the authority at the cost of the petitioners.

(3.) Affidavit in reply is filed by Shri I.S. Patel, Chief Officer of respondent No. 1 - Talod Nagarpalika in detail dated 28.12.2001 annexing certain documents, wherein it is the case of the Municipality that the Resolution passed earlier by the Talod Municipality was set aside by the Collector while exercising power under Sec. 258 of the Gujarat Municipalities Act and once the Resolution is set aside, whatever allotments were made under the Resolution passed by the Municipality, they stand cancelled.