HANSABEN VITHHALBHAI SAKARIYA Vs. VASHRAMBHAI PREMJIBHAI VARSANI

JUDGEMENT

(1.) Heard Mr. R.N.Jadav, learned advocate for the petitioner, Mr. Rishi Malik, learned advocate for respondent Nos.1 and 2 and Mr. Aakash Chhaya, learned AGP for the respondent Nos.3 to 6.

(2.) By way of this petition, the petitioner has challenged the order dtd. 13/6/2013 passed by the Mamlatdar, Kotda Sangani, District Rajkot in Mamlatdars' Court Act Case No.21 of 2012, which was further confirmed by the Deputy Collector, Rajkot (City-II) dtd. 27/2/2015 passed in Revision / Mamlatdars' Court Act Case No.2 of 2013.

(3.) The brief facts leading to filing of the petition are that the petitioner is the original respondent No.1 in Mamlatdars' Court Act Case No.21 of 2012. The respondent No.1 preferred an application under Sec. 5 of the Mamlatdars' Court Act stating that he holds the land situated at Survey No.195/1 at Village Thordi and natural flow of the water from the eastern side of the fields are passing through his field and ultimately reach the field of petitioner, who holds survey No.201 and from the field of petitioner it goes further west and goes to village Vokla. This is the natural system of disposal of natural water. It was alleged that the petitioner constructed a big 'pala' in his land bearing survey No.201 and thereby stopped the natural flow of water and because of that 'pala', the problem of water logging started in the field of respondent No.1, who preferred an application under Sec. 5 of the Mamlatdar Courts Act wherein he prayed for removal of the 'pala' constructed by the petitioner.