PREMABHAI VIRABHAI GOHEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Special Civil Application is filed praying for the following reliefs:-

(2.) It is submitted by learned advocate for the petitioner that the respondent No.5 had created obstruction on his right of way. That, thereafter, the petitioner approached the authorities by filing application under the Mamlatdar Courts Act. After due proceedings, it was found that the respondent No.5 had made encroachment and obstructed the right of way of the petitioner. Accordingly, the Mamatdar, Sanand passed order dtd. 10/1/2020 directing the respondent No.5 to remove the encroachment with immediate effect. That, thereafter, the said order was challenged by the respondent No.5 by way of appeal before the Dy. Collector, Sanand, who upheld the order passed by the Mamlatdar, Sanand directing the respondent No.5 to remove the encroachment and give a right of way to the petitioner herein. He submits that despite the dismissal of the appeal by order dtd. 7/4/2021 passed by the respondent No.3, the respondent No.5 has not given the right of way to the petitioner and not even removed the encroachment. The petitioner is facing harassment from the respondent No.5. In view thereof, he has made representations to the respondent Nos.2 and 3 asking them to immediately implement the order dtd. 10/1/2020 passed by the Mamlatdar, Sanand and the order dtd. 7/4/2021 passed by the Dy. Collector, Sanand. The learned advocate for the petitioner submits that though the representation was given on 25/1/2023, no action has been taken nor any proceedings have been initiated pursuant thereto and the representation of the petitioner is also not decided. He, therefore, submits that appropriate directions be passed for expeditious disposal of his representation dtd. 25/1/2023.

(3.) Learned AGP Mr. Jayneel Parikh submits that appropriate direction can be passed and the representation dtd. 25/1/2023 of the petitioner shall be decided by the respondent Nos.2 and 3 expeditiously.