JAYESHBHAI JAGABHAI PATEL Vs. COLLECTOR

JUDGEMENT

(1.) By way of this petition, the petitioner has called in question order dtd. 19/7/2017 passed by the District Land Vigilance Committee headed by the Collector as well as order dtd. 5/2/2020 passed in No.CH/RTS/Vashi544/2020 by the said Committee headed by the Collector.

(2.) Coordinate Bench of this Court, vide order dtd. 8/10/2020, passed the following order. "Having heard submissions made at bar and considering the decision taken in the meeting dtd. 19/7/2017 headed by respondent no.1, respondent nos.1,2 and 3 are at liberty to initiate proceedings under Sec. 61 of the Land Revenue Code and same shall be decided in accordance with the law, independent by the observations made by the Committee and also on its merits, and more particularly after permitting the petitioner to lead evidence and after providing opportunity of hearing to the petitioner. Such exercise shall be conducted and concluded as expeditiously as possible and the respondent - State is directed to place on record decision / outcome of the proceedings under Sec. 61 of the Land Revenue Code before this Court for further consideration of the matter. Meanwhile, interim relief granted earlier shall remain in force till then."

(3.) In compliance of the aforesaid order, Taluka Development Officer has submitted report dated 23 rd June, 2021 and Gram Panchayat, Kachol submitted report dtd. 22/6/2021. It is pertinent to note that in the said reports, it was found and observed by the authorities that predominantly the dispute is between the petitioner and the respondent No.4 and that there is no encroachment on any government property.