SABIRBHAI GULABBHAI SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr. Dipen Desai, learned Advocate for the petitioner and learned AGP Mr. Rakesh Patel for Respondent No.1.

(2.) LEARNED Advocate for the petitioner produced on record order dated 24.12.2014 passed by this Court in Misc. Civil Application No.2898 of 2014 in Special Civil Application No.3151 of 2014, the same is taken on record.

(3.) BY way of present petition, the petitioner has challenged the notice/order dated 26.12.2014 issued by Respondent No.3, whereby Respondent No.3 has directed the petitioner to vacate the possession of land, within a period of 3 days, failing which the possession of the said land would be taken over by the authorities. Learned Advocate for the petitioner submitted that the land in dispute was allotted to the father of the petitioner by Nawab of Palanpur State before more than about 70 to 80 years ago. It is further submitted by learned Advocate for the petitioner that petitioner was elected as Member of Dhanera Nagarpalika in the election conducted in the year 2013. It is further submitted by learned Advocate for the petitioner that one Prahladkumar Motiram Trivedi, who is husband of one of the elected Corporators, who is in the opposite party submitted an application on 05.08.2013 before the Concerned authority and made certain grievances against the petitioner. His application was not decided and therefore the said Prahladkumar Motiram Trivedi filed Special Civil Application No.3151 of 2014 before this Court and this Court by an order dated 28.02.2014 disposed of the said petition by giving direction to the concerned authority to decide the application dated 05.08.2013 submitted by the said Prahladkumar Motiram Trivedi. Learned Advocate for the petitioner submitted that the petitioner was not a party respondent in the said petition and behind his back the aforesaid order was obtained by the said Prahladkumar Motiram Trivedi. Learned Advocate for the petitioner further submitted that when application dated 05.08.2013 was not decided by the concerned authority, the said Prahladkumar Motiram Trivedi filed Misc. Civil Application No.2898 of 2014 before this Court under the Contempt of Courts Act. Learned Advocate for the petitioner referred to the order dated 24.12.2014 passed by this Court in the said application and submitted that the Deputy Collector, Dhanera filed an affidavit before this Court and submitted that effective steps shall be taken to remove encroachment made by the concerned respective Corporators including the petitioner herein and the same would be removed after giving notice to the aforesaid Corporators latest by 7 days. Learned Advocate for the petitioner therefore submitted that there is no finding given by any of the authorities that the petitioner has encroached upon the land in dispute, but on the application given by Prahladkumar Motiram Trivedi direction was given by this Court to decide the said application, but there was no direction given by this Court to remove the so called encroachment.