VIMALABEN KALYANJI VORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this writ petition, the petitioners have, inter alia, prayed for the following relief:-

(2.) The brief facts of the case are as under:-

(3.) Learned advocate Mr.Shah appearing for the petitioners has submitted that the entire issue or the objection raised by the private respondents is based on the order passed by the Deputy Collector, dtd. 13/3/1972, whereby the certain part of Survey No.792 has been allotted to the panchayat for various purposes, including allotment of graveyard for Harijan community. He has submitted that in fact on an inquiry, it was found that no such graveyard was there on the concerned land and in fact the order of the Deputy Collector dtd. 13/3/1972 was not found anywhere. It is submitted that since the objection was raised by the private respondents, the petitioners submitted an application dtd. 22/11/2013 before the Gram Panchayat about the existing graveyard used by the particular community. It is submitted that thereafter the District Inspector Land Records (DILR), Kachchh, Bhuj also made a survey of the land and prepared a map and as per that map as well as the report, it was found that the graveyard never existed at any point of time and instead it was found that several persons have made encroachment on the said land.