KANJIBHAI GODADBHAI CHAUDHARY Vs. VIRSANG FULJIBHAI CHAUDHARY

JUDGEMENT

(1.) Rule. Learned advocate Ms.Vashi waives service of notice of rule for and on behalf of the respondent Nos.1, 2 and 4. The writ petition is decided finally today.

(2.) The present writ petition has been filed seeking quashing and setting aside of the order dtd. 21/3/2022 passed by the Prant Officer, Kheralu, Dist.Mehsana in Revision Application No.1 of 2021 and 23/9/2021 passed by the Mamlatdar, Kheralu, Dist.Mehsana in Suit Case No.1 of 2021, whereby the application of the petitioner has been rejected seeking removal of the wall constructed by the private respondents.

(3.) It is the case of the petitioner that the private respondents have constructed a wall, which has restricted ingress and egress from the plot or house of the petitioner to his agricultural fields. Accordingly, the petitioner filed an application dtd. 25/1/2021 (Annexure- I) before the Executive Magistrate being Suit Case No.1 of 2021 seeking declaration against the private respondents to demolish the wall constructed in the path of the land bearing Survey No.973, which belongs to him. By the impugned order dtd. 23/9/2021, the application- suit of the petitioner was rejected by the Mamlatdar by observing that there is no cause of action specified in the suit since no date with regard to such construction of wall has been specified in the suit. Being aggrieved, the petitioner challenged the same by way of a revision application before the Prant Officer, Kheralu, which was also rejected by the impugned order dtd. 21/3/2022 and it was observed that the petitioner can seek remedy by instituting a civil suit.