HEMRAJBHAI Vs. DEPUTY COLLECTOR, THARAD

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for following reliefs:

(2.) Heard learned advocate Mr.Kishore Prajapati for the petitioner, learned advocate Mr.Nachiket D. Mehta for Respondent Nos.3 and 4 and learned Assistant Government Pleader Mr.Akash Chhaya for Respondent Nos.1 and 2.

(3.) 1 It is the case of petitioners that the petitioners are the owners of land bearing Survey No.72 [New Survey No.196] of Mouje Fangdi, Tal.Vaav, District:Banaskantha. It is the case of the petitioners that Respondent No.4 is serving in Indian Army and gave an application in the month of August, 2019 to the Superintendent of Police, Banaskantha and prayed that path-way of their land bearing Survey No.200/2 of Mouje Fangdi, Tal.Vaav, District: Banaskantha be cleared. The aforesaid communication was also sent to District Magistrate, Collector and others. On 25/9/2019, the Collector, Banskantha intimated Mamlatdar, Vaav to initiate action under Sec. 5(2) of the Mamlatdar Courts Act, 1906 ['the Court Act ', for short] and that is how the suit under 'the Court Act ' was registered and the same was numbered as Mamlatdar Court Act / Case No.8 of 2019.