OM NAMAH SHIVAY ENTERPRISE Vs. MAMLATDAR TALOD

JUDGEMENT

(1.) THE petitioner challenges the jurisdiction of the Mamlatdar under Section 5 of the Mamlatdars' Court Act (for short Act). The Mamlatdar, under Section 5 of the Act passed an order dated 16/11/2005 produced at Annexure ­ D, whereby an injunction was issued restraining the respondents before him from obstructing the applicant having access to the land bearing City Survey No.3024 through a southern side road. This order was taken in revision under Section 23 of the Act and the Assistant Collector, Himmatnagar passed an order dated 30/04/2006 Annexure ­ E, whereby while refusing to interfere with the order and after noticing that despite the order dated 30/09/2003 passed by the Collector, Sabarkantha a godown which was ordered to be removed by the said order was installed again; directed the removal thereof.

(2.) UNDISPUTED facts emerging on record are that Mamlatdar under the Act has jurisdiction to pass orders in respect of agricultural lands and the land in respect of which the jurisdiction of Mamlatdar under Section 5 of the Act was invoked is a non agricultural land and that by an order dated 30/09/2003 the Collector, Himmatnagar being a competent authority under the Bombay Land Revenue Code (for short Code) had ordered removal of the godown from the disputed piece of land.

(3.) LEARNED Counsel for the petitioner while relying upon Sections 5 and 23 of the Act, submitted that despite the conclusion that none of the authorities had a jurisdiction under the Act, they exercised the jurisdiction mala fide in order to favour the respondent. It was also contended that in fact socalled obstruction was in existence since 10/12/1999 and layout plans in respect of the land in question were approved by the competent authority on 24/12/1999 and thus the construction in question was not illegal and after a period of about more than four years the uncalled for and unwarranted grievance by illegally invoking the jurisdiction of Mamlatdar under the Act was made.