PRAHLADBHAI SHIVRAMBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition, under Article 226 of the Constitution of India, has been preferred with the following prayers:

(2.) THE facts of the case, as emerging from the memorandum of the petition, are that the petitioner is an agriculturist who makes two ends meet by farming and cattle rearing. According to the petitioner, he and other villagers were grazing their cattle in the Gauchar land bearing Survey Nos.1107 and 976, admeasuring 38172 square metres and 26529 square metres, respectively, registered at Account No.112, situated in the periphery of village Ganeshpura (Tarabh). It is the case of the petitioner that upto the year 2004, this land was shown as "Government Waste Gauchar" in the revenue records and the village people used to graze their cattle thereupon. However, on verifying the record, it was found that Entry No.664 for Revenue Survey No.1107, and Entry No.934 for Revenue Survey No.976, had been mutated, by virtue of which, the names of Patel Ramchand Kuber, Mulchand Talja, Bechar Javra, Haribhai Kalubhai, Hirabhai Dayalji, Chatur Valabhai and Haribhai Revabhai, were shown with the remarks that "the said land was continuously waste land and before 20 years along with Raichand Kuber has been purchased in partnership in an auction". According to the petitioner, the said Ramchand Kuberbhai Patel was the then Mukhi of Ganeshpura village who, in collusion with the TalaticumMantri, got his name inserted in the revenue record for land bearing Survey Nos.1107 and 976, by way of Entries Nos.664 and 934 respectively. It is the case of the petitioner that the heirs of said Ramchand Kuberbhai restrained the villagers from entering upon the land and grazing their cattle. Representations were made to the Collector and Deputy Collector (respondents Nos.2 and 3) respectively, to take appropriate action in the matter, but none was taken. The petitioner issued a legal notice to the authorities, asking them to make inquiries and take action in the matter as, according to him, Government Waste Gauchar land has been wrongly converted into private land. The petitioner has also filed a criminal complaint against the alleged encroachers. Under these circumstances, the petitioner has approached this Court by making the prayers reproduced hereinabove.

(3.) MS .Nisha M.Thakore, learned Assistant Government Pleader, has strongly opposed the prayers made by the petitioner by submitting that the land in question was never Gauchar land and a wrong statement in this regard has been made by the petitioner. In support of this submission, the learned Assistant Government Pleader has drawn the attention of the Court to a copy of Form1 of the year 19171918, annexed as AnnexureRI to the affidavitinreply filed by respondent No.2. It is further submitted that the land in question was sold in auction to Ramchand Kuberbhai, Mulchand Talija, Bechar Javra, Haribhai Kalubhai, Hirabhai Dayalji, Chatur Valabhai and Haribhai Revabhai somewhere in the year 1930 and thereafter their names have been inserted in the revenue record. The learned Assistant Government Pleader has supported this submission by pointing out the copies of Village Form No.7/12 from the year 1952 to 1998, annexed as AnnexureRII collectively, to the affidavitinreply. It is further contended by the learned Assistant Government Pleader that the entries in favour of the persons to whom the land has been sold in auction have never been challenged in any proceedings by the petitioner. That, as the land was never Gauchar land, the petitioner has no right to graze cattle thereupon. It is further submitted that the petitioner was well aware of the auction sale and the entries pertaining to the auction, but did not raise any objection at the relevant point of time, therefore, the prayers made in the petition may not be granted, and the petition be dismissed.