NANUBHAI MADHABHAI BHANDERI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed seeking direction to quash and set aside the notices dtd. 18/8/2017 and 25/9/2017, which were issued by the respondent no.3-Gram Panchayat for the purpose of removal of alleged encroachment by the petitioner.

(2.) It is the case of the petitioner that, as petitioner himself had raised the issue of encroachment in the village, the Gram Panchayat is now targeting the singling out the petitioner and resorted to action of removal of encroachment, as if the petitioner is a encroacher though there is no encroachment and petitioner has been in occupation of the residential premises since long.

(3.) Learned advocate for the petitioner has drawn attention of this Court to the impugned notice and submitted that in the entire notice, in a hand writing manner, it is stated that the house of the petitioner is located on a public street, whereas the there is nothing on record to indicate that the petitioner's house is on a public street and in fact when the petitioner had represented to the proceedings before the Gram Panchayat, a specific stand was taken that the road in question was never declared to be a public street by the Gram Panchayat. He has also referred to a communication issued by the Talati-cum- Mantri, wherein he has sought information regarding the measurement being carried out by the DILR of the area to ascertain the fact whether the public street lies, as is alleged by the Gram Panchayat in its notice to which the reply is given by Talati-cum-Mantri that there is no such measurement activity being carried out to ascertain the fact that the house of the petitioner is located on a public street.