IQBALHUSEN RAHIMKHAN PATHAN Vs. COLLECTOR SHRI

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed by the petitioner for following reliefs:

(2.) Learned advocate appearing for the petitioner after drawing attention of this Court to the order of the Collector, Anand has indicated that the Collector has misdirected himself by considering grievance of the applicant of encroachment upon the land of the petitioner. However, in this regard, the Collector has given finding that there is no encroachment insofar as the land belonging to the petitioner is concerned. However, the case of the petitioner was to effect that necessary proceedings be initiated indicating that the encroachment by the other side is on the Government land and for that purpose, required procedure was to be undertaken, still the impugned order was passed by filing the application of the petitioner.

(3.) Learned Assistant Government Pleader appearing for the respondents submits that on the submission made by the petitioner before the revenue authority, the steps have been taken and in fact the impugned order indicating that the DILR Office of Anand had undertaken the measurement in presence of petitioner and petitioner has agreed to such measurement and therefore, the Collector has come the conclusion that there being no encroachment on the land of the petitioner. However, he also submits that if the grievance is raised with regard to encroachment on the Government land, in that case, the Collector is bound to take necessary action in accordance with law.