MUKHTAR MOHMEDHUSAIN SIPAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Bharat T. Rao, learned advocate assisted by Ms. Vineeta Vinayak, learned advocate appearing for the petitioner and Ms. Megha Jani, learned advocate appearing for the respondent No.5.

(2.) The petitioners herein are the owner and co-owner of the land bearing survey No.407/1 paiki 2 khata No.394 admeasuring 7689 sq. meters and the land bearing survey No.353/1 paiki 1 / paiki 1 admeasuring 20235 meters respectively of Mouje Valasan and Pipaliyaraj, Taluka Vankaner, District Morbi and conduct agriculture activities in the said lands (hereinafter referred to as 'the subject land'). The petitioners herein have filed the captioned petitions on the ground that the respondent No.5 is forcefully trying to enter into the land subject of the petitioners and the petitioners herein have preferred an application to the Mamlatdar, Vankaner dtd. 22/2/2023 stating that the respondent No.5 has installed the windmill without following the provisions of law and the transmission line is passing through the subject land of the petitioner. In the aforesaid facts, the petitioners herein have approached this Court with the following reliefs:

(3.) On 24/3/2023, this Court issued Notice and passed the following order: