RAJESHBHAI HARDHORJI MANKA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the outset, Mr Premal Joshi, learned advocate, has stated that the land of the petitioner is property no.5/94 and that the respondent shall not take any action against the said property of the petitioner. So far as property no.5/96 is concerned, which is the land of the ownership of the Gram Panchayat and presently, there exists a Primary Health Centre and some part, is encroached upon by the petitioner. It is submitted that steps are required to be taken for the purpose of removal of the encroachment.

(2.) Mr Premal Joshi, learned advocate has tendered affidavit-in- reply filed by the respondent no.4 which, is directed to be taken on record. Paragraphs 3 and 4 of the said affidavit read thus:

(3.) Ms Devangi Solanki, learned advocate for the petitioner, has submitted that the petitioner, has no objection, if the action is taken so far as the property no.5/96 is concerned; however, the authorities, be directed to take action strictly in accordance with law and after following the due process.