BHARVAD DEVA SUKHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioners are the residents of village Sayla of Surendranagar District and they challenged the order passed by the Mamlatdar, dated 21 -6 -82 and produced at Annexure 'B'. That order is purported to have been passed in accordance with Section 168 of the Gujarat Panchayats Act, 1961. It appears, that the State Government had issued a notification under Section 168 of the Gujarat Panchayats Act, 1961 and in accordance with that notification Section 168 of the Act was extended to Sayla Gram Panchayat area. That notification is produced at Annexure 'A'. Now that, therefore, the State Government which had the power to issue such notification had issued the notification and, therefore, the Mamlatdar got the power under Section 168 of the Act and in exercise of that power it appears that the Mamlatdar, Sayla passed an order dated 21 -6 -1982 after recording the evidence.

(2.) HAVING gone through the order it clearly appears that the Mamlatdar recorded the finding that the total number of cattle in Sayla was 2031 and for those cattle 812 acres of land was necessary. There is a further finding that at Sayla village gauchar land area was 1186 acres. Therefore, a clear finding was given that the land was sufficient for the cattle belonging to the residents of village Sayla. Under these circumstances the Mamlatdar was required to act under Section 168(1)(ii) of the Act. We may here reproduce the relevant portion of Section 168 of the Gujarat Panchayats Act, 1961: