OSMANBHAI MAMADBHAI THEBA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for the following reliefs :-

(2.) The case of the petitioner is that he is the residence of Mukam Mitana, Taluka : Tankara, District : Morbi and having a shop in the name of Taqdir Tyre Puncture situated near Morbi Cross Road on Rajkot Morbi Highway. Surprisingly, the petitioner is the shop owner and he wants the removal of encroachment between 31.0 to 32.0 kilometer for which the respondents i.e. Irrigation Department and Road and Building Department has already issued notices to those who have allegedly done the encroachment. Those notices dtd. 26/9/2019 are produced in the petition on page No.64 onward. Irrigation Department has given notices on 26/9/2019 whereas Road and Building Department has issued notices on 29/9/2019.

(3.) Learned Assistant Government Pleader Mr. Meet Thakkar appearing for the respondent - State assures this Court that pursuant to the notices, after following due procedure, the authorities shall take actions prescribed under the law. However, considering the fact that the petitioner has prayed for removal of encroachment in a patch of one kilometer, he said that all those persons would be required to be heard and therefore, he is not in a position to give any specific timeline for implementation of notices.