BHUPATBHAI OGHADBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a typical case of an unequal battle between the 'haves' and the 'have nots'.

(2.) The brief facts are that a Resolution dated 31st of July, 1981 was passed by the Gram Panchayat, at Kudavasan, District Amreli in which it was stated that frequent application were being received from Schedule Castes and other backward class people for allotting them cultivable land. The request which was made by this resolution was that land measuring 93 acres and 39 gunthas be converted from gaucher to Government waste land and in its stead, government waste land be converted to gaucher land. Based on this Resolution, the Collector passed an order, after taking into account the report of the Mamlatdar and Deputy Collector, on 18th August, 1982, whereby seven survey numbers were removed from the head of 'gaucher land' and were shown as 'Government Waste Land' and against this, Government waste land admeasuring 60 acres and 20 gunthas was reserved as gaucher land for the said village. The effect of the aforesaid was that there was a decrease of gaucher land by about 33 acres but a larger area of land was now made available by rehabilitating the downtrodden people of the village.

(3.) It is at this stage that the 'haves' have filed the present writ petition, challenging the aforesaid decision of the Collector. The learned single Judge dismissed the Writ Petition, inter alia, holding that no appeal under S.290 of the Gujarat Panchayats Act, 1961 had been filed against the said Resolution dated 31st of July, 1981 and the Resolution had become final.