BHUPESHKUMAR NAVNITLAL THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition under Art. 226 of the Constitution of India, the petitioner detenu has challenged the order of detention dated 14.2.2002 passed by the District Magistrate, Ahmedabad in exercise of powers under Sec. 3(1) of the Gujarat Prevention of the Anti-social Activities Act, 1985 (hereinafter referred to as the PASA Act) with a view to prevent the petitioner from acting in any manner prejudicial to the maintenance of public order.

(2.) Heard Mr. Joshi learned Counsel for the petitioner and Mr. H.H. Patel learned AGP for the respondents. The affidavit-in-reply tendered by the learned AGP is taken on record.

(3.) The petitioner is branded as a land grabber within the meaning of Sec. 2(h) of the PASA Act. While recording the subjective satisfaction, the District Magistrate has considered that the petitioner was Talati-cum-Mantri of village Panchayat Barwala, Taluka Barwala, District Ahmedabad and at the relevant time he was Secretary to Sathal Gram Panchayat, Taluka Dholka, Ahmedabad. At that time he indulged in the activity of land grabbing with one Pankajkumar Kantilal and with a view to grab the land and to help this Pankaj Kumar he tried to play mischief with the Government records so that said Pankaj Kumar can be granted that land or he can be put in possession of the land admeasuring about 1 Acre. This Pankajkumar Shroff was not an agriculturist and even then such a certificate was given to him because of the illegal help of present petitioner.