BHAGWATIBEN KANTIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. Shivang Thacker, learned Advocate appearing for the petitioner, submitted that the present petition under Article 226 of Constitution of India is for setting aside the notice dtd. 21/5/2022 issued by the Mamlatdar, Galteshwar in exercise of powers conferred under Sec. 61 of the Gujarat Land Revenue Code, 1899 (hereinafter referred to as "the Code") requiring the petitioner to remove the construction which according to him, was an illegal construction, within a period of seven days. It is submitted that the proceedings under Sec. 61, are substantial in nature, and therefore, without offering any opportunity of hearing and considering the representation, the petitioner could not have been directed to remove the construction. It is submitted that this is more an order rather than notice.

(2.) Mr. Nikunj Kanara, learned Assistant Government Pleader was required to take instructions. Upon instructions from Ms.S.G.Patel, Mamltadar, Galteshwar, District:Kheda vide communication dtd. 8/7/2022, it is urged that the communication dtd. 21/5/2022 maybe treated as notice and after hearing the petitioner and considering the representation, detailed order shall be passed, within a stipulated period.

(3.) In view of the above, without going into the merits of the matter, the communication dtd. 21/5/2022 shall be treated as notice. The Mamlatdar shall intimate the petitioner in advance the date of hearing. The petitioner shall remain present and file representation, if any. The Mamlatdar shall hear the petitioner and pass detailed order, within a period of four weeks from the date of hearing.