PARESHBHAI KHODIDAS VASOYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By the present Special Civil Application the petitioner challenges the communication dtd. 21/1/2023 by the Collector.

(2.) Heard the learned counsel for the petitioner. He submits that by the communication dtd. 21/1/2023, the Collector has informed that since an alternative proceedings under the Land Revenue Code have been initiated, the Committee has unanimously decided to file the complaint of the petitioner. He submits that the impugned communication shows non application of mind. He submits that no opportunity of hearing was given to the petitioner. He further submits that no proper reasoning has been given for the rejection of the application preferred by him. He further submits that the respondents have failed to take into consideration Sec. 61 of the Gujarat Land Grabbing Act which provides that the provisions of the said Act will prevail over all the other laws. It is further submitted that there is an encroachment on the subject land which has been confirmed by the report prepared by the Circle Officer and the Inquiry Officer appointed by the Land Grabbing Committee. He submits that there is no bar under the Gujarat Land Grabbing (Prohibition) Act, 2020 for registration of a complaint if there are any other proceedings pending. He, therefore, submits that the present Special Civil Application be allowed.

(3.) Considered the submissions and perused the documents on record.