HASMUKHBHAI ISHWARBHAI PATEL Vs. DY. COLLECTOR

JUDGEMENT

(1.) Rule. Learned Assistant Government Pleader waives service of rule on behalf of respondent Nos.1 and 2. Learned advocate Mr. Mit Thakkar waives service of rule on behalf of respondent Nos.3 and 4 (4.1 to 4.3) and learned advocate Mr. D.K. Chaudhary waives service of notice on behalf of respondent Nos.6 and 7.

(2.) This petition under Article 227 of the Constitution of India is filed challenging the order No.PO/JAMIN/MAM.COURT ACT/SEC.23(2)/CASE NO.4/2016 dtd. 12/4/2018 by the Deputy Collector and Prant Officer Gandhinagar. By the impugned order, the Deputy Collector has set aside the order dtd. 9/10/2015 by the Mamlatdar Court in Case No.11 of 2014. The dispute pertains to agriculture land bearing survey/Block No.94 of village Lavarpur, Taluka and District Gandhinagar, which is own and occupied by the petitioner, whereas agriculture land of Survey/Block No.92/B is coowned on by the response No.3 and respondent No.4 (real brother of respondent No.3), whereas respondent Nos.6 and 7 are co-owners of survey/block number 107 paiki.

(3.) As the petitioner had become owner and occupier of the aforesaid land by way of registered sale deed from his predecessor in title Shri Natwarbhai Ishwarbhai Patel (respondent No.5), the petitioner has right of way through the lands belonging to respondent Nos.3 to 7 for ingress and outgress alongwith the agriculture equipment like Bullock cart, tractor etc. Based on this, a Suit No.11 of 2014 was filed by the petitioner against the respondent Nos. 3 to 7 under Sec. 5 of the Mamtatdar Courts' Act.