LAWS(GJH)-2022-1-104

DAMUBHAI LALUBHAI VARALI Vs. STATE OF GUJARAT

Decided On January 19, 2022
Damubhai Lalubhai Varali Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for quashing and setting aside the order dtd. 18/1/2018 passed by the Mamlatdar, Umargam in Mamlatdar Court Act Case No.08 of 2016 and the order dtd. 29/5/2019 passed by the Deputy Collector, Pardi in Mamlatdar Court Act / Revision No.01 of 2018 whereby the Deputy Collector, Pardi rejected the Revision Application preferred by the petitioner and confirmed the order dtd. 18/1/2018 passed by the Mamlatdar, Umargam.

(2.) Heard learned advocate Ms.Nisha Parikh for the petitioner, learned Assistant Government Pleader Mr.Nikunj Kanara for the Respondent Nos.1, 2 and 3 - State Authorities and learned advocate Mr.J.V.Vaghela for the Respondent No.4. With the consent of learned advocates appearing for the respective parties, the matter is taken up for final hearing. Hence, Rule. Learned Assistant Government Pleader Mr.Kanara waives service of notice of Rule on behalf of Respondent State Authorities and learned advocate Mr.Vaghela waives service of notice of Rule on behalf of Respondent No.4.

(3.) At the outset, learned advocate Ms.Parikh for the petitioner submits that she is confining her arguments in respect of the order impugned only to the extent of direction issued by the Mamlatdar, Umargam which is confirmed by the Deputy Collector, Pardi to the effect that disputed road be widened to the extent of 12ft which was not the prayer of the respondent no.4 in his application filed under the Mamlatdar Courts Act, 1906 ("the Act", for short).