PATEL PARBATBHAI BHEMABHAI Vs. SANDEEP SHONGLE, COLLECTOR

JUDGEMENT

(1.) Present contempt proceedings have been initiated for alleged violation of the order dtd. 24/12/2018 passed in Writ Petition (PIL) No.124 of 2018 whereunder the 1st respondent was directed to see the encroachment, if any, over the land bearing Survey No.166 situated in Aadhgam Group Gram Panchayat, Taluka Kankrej, District Banaskantha is removed after following due procedure of law. Pursuant to the same, respondent No.3 filed an affidavit on 31/3/2021 contending thereunder that encroachment has been removed as per panchnama drawn (Annexure-AR). Petitioner filed rejoinder to the same on 16/4/2021 contending that after removal of encroachment, again the gaucher land has been encroached and to substantiate his claim and to establish the existing factual aspect, newspaper dtd. 25/3/2021 (photocopy as Annexure R/2) as published in a local newspaper has been filed by petitioner with the rejoinder. It is further contended therein that house of Ex-Sarpanch was not removed and photograph (photocopy) of the same is placed on record. In other words, it is contended that entire constructions on gaucher land has not been removed as ordered by this Court.

(2.) It is thereafter on 22/11/2021 respondent No.3 filed further affidavit stating thereunder as follows:

(3.) The aforesaid fact narrated by 3rd respondent in his affidavit dtd. 22/11/2021 has not been refuted by the petitioner. In other words, we do not find any reason to disbelieve the statement made on oath by 3 rd respondent. In fact, photographs produced along with said affidavit would indicate that encroachment of the gaucher lands has been removed and the only construction which has remained is a godown constructed by Moti Sarya Motisar Seva Sahkari Mandali Ltd. to whom also, notice had been given by the 3 rd respondent on 17/2/2021 which was challenged in Special Civil Application No.6584 of 2021 which came to be disposed of on 12/10/2021 by permitting said petitioner to approach the authority for submitting reply and the authority namely, 3 rd respondent was directed to take a decision in accordance with law. It was also made clear thereunder that no opinion was expressed on merits of the claim. Though said order has been passed on 12/10/2021, till date, decision has not been taken. It is also stated that said Sahkari Mandali Ltd. has sought for grant of said land which is under consideration by the appropriate Government. His submission is placed on record.