GOVINDBHAI NATHABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this Public Interest Litigation, the writ -petitioner has prayed for issue of a writ of mandamus or any other appropriate writ, order or direction declaring that the land in question is a reserve forest land and for further declaration that it was not open for the learned 3rd Additional Senior Civil Judge, Bhuj, to reopen the above issue in view of the judgment and order dated 12th March 1996 of this High Court in SCA No. 1415 of 1995 and consequently, to declare that the said decree passed in Regular Civil Suit No. 206 of 2003 by the learned 3rd Additional Senior Civil Judge, Bhuj is null and void with further direction upon the Government Authorities to take possession of the land in question.

(2.) THE case made out by the petitioner may be summed up thus: -

(3.) SO far as the previous proceeding is concerned, the defence of the respondent Nos. 3 to 5 is as follows: -