VASTARAM PRABHUDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner by this petition has prayed for the relief inter alia to issue appropriate writ to set aside the notice dated 21.02.2004 issued by Taluka Development Officer and the order dated 07.08.2003/01.09.2003 passed by the DDO and it is prayed by the petitioner to direct the respondents to regularise the construction made on the land bearing survey no.1479 of Unava village.

(2.) PENDING the petition, the petitioner has amended the petition seeking prayers that it may be declared that the petitioner is entitled to construct rooms over agricultural land bearing survey no.1479 by restoration of the status quo prevailing at the time of filing of the petition and the petitioner has also prayed to punish the respondent no.2 for willfully flouting order of this Court dated 23.02.2004 passed in the present proceedings. The petitioner has also prayed to restrain the respondents from disturbing the petitioner from making construction over the said land.

(3.) HE seriously voiced the grievance that the conduct of TDO is as per the petitioner prima facie in breach of and in defiance to the interim order passed by this Court and he is in a position to show substantial material from record which would clearly show that the action was contemptuous on the face of it and if taken to its logical end, the petitioner may be entitled to the compensation also. However, he submitted that as the permission has now been granted, the petitioner may not stretch the case further but submitted that the Court may make suitable observations for such purpose.