JANAKBHAI JEENABHAI VEKARIYA Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) By way of this petition, the petitioners have challenge the order dtd. 30/8/2018 passed by the Mamlatdar, Gir Gadhada in Mamlatdars' Courts Act Case No. 3 of 2017 and order dtd. 13/1/2019 passed by the Deputy Collector, Una in Revision Application No.RRT Misc. Appeal Case No.26 of 2018.

(2.) The petitioner No.1 is the owner and occupier of land bearing Survey No.68, petitioner No.2.1 and 2.2 are the owners and occupiers of land bearing survey No.69 Paiki-2 situated at village Nitali, Taluka Gir Gadhada, District Gir Somnath. Whereas, the respondent No.3 is the owner and occupier of land bearing survey No.10 paiki 7 & Survey No.70 paiki 3, respondent No.4 is the owner and occupier of land bearing survey No.70 paiki 4 and respondent No.5 is the owner and occupier of the land bearing survey No.70 paiki 1, situated at Village Nitali, Taluka Gir Gadhada, District Gir Somnath.

(3.) It is the case of the petitioners that the Mamlatdar has passed order dtd. 30/8/2018 only on the basis of a Panch Rojkam. He further submitted that in fact there were two Panch Rojkams carried out by the Mamlatdar, the first Panch Rojkam which was in favour of the petitioners was objected by the respondent Nos.3 to 5 as the same was not done in their presence. Hence, taking into consideration the objection raised by respondent Nos.3 to 5, the Mamlatdar, Gir Gadhada directed to carry out another Panch Rojkam. The aforesaid second Panch Rojkam was in favour of respondent Nos.3 to 5 and taking into consideration the second Panch Rojkam, the Mamlatdar, Gir Gadhada allowed the suit in favour of respondent Nos.3 to 5, who were the plaintiffs and issued directions against the petitioners, which was confirmed by the Deputy Collector, Una.