DHANSUKHBHAI JERAMBHAI PRAJAPATI Vs. GUMANSINH BHIKHUBHAI DESAI

JUDGEMENT

(1.) By this application under Article 227 of the Constitution of India, the petitioners have prayed for the following reliefs;

(2.) Facts, giving rise to the filing of the present application, may be summarized as under;

(3.) Learned advocate Ms. Sonal D. Vyas appearing for the petitioners has submitted that the petitioners are the owners and occupants of the land at Survey Nos.247 and 248 at Village: Vejalpore, Taluka & District: Valsad. The respondent No.1 is possessing the land at Survey No.314 (old Survey No.247) adjoining to the land of one Rahul Desai, who is the owner of land at Survey No.246 (old Survey No.193/3). The land of the petitioners are also adjoining to the land of said Rahul Desai. She further submits that the respondent No.1 was using the land of Rahul Desai to access to his agricultural field since many years, and an agreement in the form of an MOU in this regard has also been entered into between the respondent No.1 and Rahul Desai. She has further submitted that the said alleged right of way is passing through the west side of the land belonging to the petitioners bearing Survey No.248, which is the boundary of the land of the petitioners passing through the land of Rahul Desai. Learned advocate Ms. Vyas has also submitted that to the utter shock and surprise of the petitioners, and with a view to create a new way passing through the land of the petitioners, the respondent No.1 instituted a suit before the Mamlatdar under Sec. 5 of the Act, 1906 against the petitioners for removal of the construction made by the petitioners in their own land. Learned advocate Ms. Vyas has further submitted that the Mamlatdar, without considering the contentions raised by the petitioners in their reply as well as documentary evidences produced by the petitioners, allowed the said application of the respondent No.1, which has also wrongly been confirmed by the Deputy Collector in the revision application filed by the petitioners.