MAHENDRABHAI BABUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application filed under Article 226 of the Constitution of India, has been preferred with the following prayers:

(2.) It is the case of the applicant that, he is owner of land bearing Survey No.308/paiki/1(359), which is situated at Village: Hajipur, Dist: Sabarkantha. The land bearing Survey No.234/paiki/1/2, owned by Patel Yogesh Rambhai and Dave Kamlesh Jivanlal is adjacent to the land of the applicant. The land owner of the adjacent land has developed housing units in the name of 'Shri Ville Bungalow'. The developer and owner of the adjacent land, have illegally made encroachment on the land of the applicant and have constructed road for access of the purchaser of the bungalow. It is the case of the applicant that, the developer and land owner who have made encroachment are head strong persons and in connivance with the Village Sarpanch and Government Officials, constructed the road without any authority and/or legal title. In order to protect his right over the land, the applicant has filed three different suits namely RCS NO.27 of 2016, RCS NO.49 of 2017 and RCS NO.105 of 2020, which are pending before the Civil Courts, Himmatnagar.

(3.) In the aforesaid facts, the applicant herein had filed an application dtd. 19/11/2020, addressed to D.S.P, Sabarkantha at Himmatnagar to provide police protection so as to enable him to carry out fencing work over the disputed land. The police authority vide communication dtd. 11/2/2021, did not consider the prayer of police protection mainly on the ground that, three civil suits on the subject matter are pending before the Court concerned.