KIRIT M PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The short facts necessary for disposal of the present matter are that one Amadra Village Panchayat, somewhere in the year 1956-57, was divided into Amadra and Chhatrali villages, the properties were divided amongst the said Panchayats. It is the allegation of the petitioners that Survey No.78 of Village - Nani Amadra was given to the said Nani Amadra Gram Panchayat for cremation purpose and Survey No.4/1 of Village - Chhatrali was given for the same purpose to Chhatrali village. According to them, somewhere in the year 1992, Nani Amadra Gram Panchayat decided to construct a temple on some part of Survey No.78 and a resolution to that effect was passed. Certain villagers of Chhatrali village made an application to respondent No.2 and stopped the petitioners from developing the temple. The respondent No.2, thereafter, made certain inquiry and passed an order on 2nd July, 1992 directing resumption of Survey No.78, admeasuring 0.22 Gunthas of land, in favour of the State Government. Being aggrieved by the said order, the petitioners are before this Court.

(2.) The petitioners say and submit that Chhatrali village people have their own crematorium and apart from that, Survey No.78 is situate at one and half kilometers away from Chhatrali village. It is also their case that Survey No.78 was not being used as a cremation ground, but, some other land donated by generous persons to the Panchayat was being used as a cremation ground.

(3.) The respondent-State has filed an affidavit submitting, inter alia, that to avoid any conflict between the villagers/residents of two village panchayats, the State has taken over the management of Survey No.78 and allowed the residents of all such villages to cremate the dead.