PATEL KOHLABHAI SAVSIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India, has been preferred with the following prayers:

(2.) ACCORDING to the petitioners, they are agriculturists of village Fatepura (Malotra), having purchased different plots situated in Survey No. 103 of old village Fatepura, in the auction held on 24 -5 -2012. It is stated in the petition that the petitioners have paid the necessary consideration. The petitioners are aggrieved by the issuance of the impugned notice dated 29 -11 -2014, issued by the Sarpanch of Malotra Gram Panchayat (respondent No. 5) under Section 105 of the Gujarat Panchayats Act,1993 ("the Panchayats Act" for short), directing them to remove the encroachments made by them.

(3.) HAVING heard learned counsel for the petitioners and after perusal of the record it transpires that earlier, the petitioners had filed Special Civil Application No. 15116 of 2014, on the same cause of action, impugning the earlier notice dated 4 -10 -2014, issued by respondent No. 5 - Sarpanch of the very same Gram Panchayat, under Section 105 of the Panchayats Act.