AJITBHAI RAVJIBHAI CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present writ petitions, the petitioners have sought a direction for setting aside the order of the respondent No.4-District Collector, Rajkot dtd. 13/12/2021 and also have sought prayer to stay the consequential notices dtd. 6/2/2023 issued to the petitioners under the provisions of Sec. 105 of the Gujarat Panchayats Act, 1993 (for short "the Act"). It is curious to note that the petitioners have not challenged the notices dtd. 6/2/2023 issued to them.

(2.) At the outset, learned advocate Mr.Dagli appearing for the petitioners has submitted that since the District Collector has exercised his jurisdiction under the provision of the Gujarat Land Revenue Code, 1879 (for short "the Code") for the original land being allotted for cultivation by the State Government, the present writ petitions are filed challenging the order passed by the Collector. He has submitted that the impugned order dtd. 13/12/2021 has been passed in view of the order dtd. 9/8/2021 passed by the Division Bench of this Court in Writ Petition (PIL) No.96 of 2021. It is submitted that though the Division Bench, in paragraph No.6, has directed the District Collector, Rajkot to take appropriate decision, after affording opportunity of hearing to the parties, the concerned petitioners are not heard by the Collector and the impugned order has been passed.

(3.) Per contra, learned AGP appearing for the respondent authorities has submitted that the impugned orders do not require any interference at this stage since the petitioners are only called upon to produce necessary documents showing their entitlement of the land in question. While placing reliance on Sec. 105 of the Act, he has submitted that the same is to be read with Rule 55 of the Gram Panchayats (Procedure) Rules, 1997 (for short "the Rules"), which provides for detailed process of issuance of the show-cause notices after considering the reply and affording personal hearing to the affected persons. He has submitted that the District Collector, after considering all the relevant aspects and after hearing the affected parties and considering the District Inspector Land Record (DILR) reports of the land in question, has ultimately asked the concerned Taluka Development Officer (TDO) as well as Talati and District Development Officer (DDO) to undertake necessary exercise and hence, the Gram Panchayat has issued notices under Sec. 105 of the Act calling upon the petitioners to submit all the relevant documents for verification. It is thus, submitted that the present writ petitions are premature at this stage and the same may not be entertained.