VALA VIRAM Vs. MAMLATDAR, GONDAL TALUKA

JUDGEMENT

(1.) Heard Shri Mehul S. Shah, learned Counsel for the petitioners, and Shri A.Y. Kogje, learned Assistant Government Pleader for the respondent -State.

(2.) As many as sixty six persons are before this Court challenging the notices dated 8th April, 2004 issued by the Mamlatdar, Gondal against one Bharwad Gokal Govind, alleged to be the President of Krishna Gopal Vividh Karyakari Sahakari Mandli, Gondal, whereunder said Bharwad Gokal Govind has been asked to remove his possession from land bearing Survey Nos.27/2 and 27/6.

(3.) On an earlier occasion, almost identical notice was issued against Bharwad Gokal Govind in his capacity as a President of the afore -referred Cooperative Society. The said notice came to be challenged by the present petitioners in Special Civil Application No.4766 of 1983. The High Court observed that as interest of each of the petitioners was involved, independent notices were required to be issued. The High Court observed that though the Collector under Section 202 of the Bombay Land Revenue Code was entitled to dispossess the person, who was in wrongful possession of the Government land, but, before evicting such person, a notice was required to be served upon him. The High Court also observed that in the facts of the case, the impugned eviction of the petitioners from the land in question would be arbitrary and illegal for the reason that the eviction was sought to be made without giving any opportunity of being heard in the matter. The High Court, however, reserved liberty in favour of the State Government that the petitioners can be evicted after observing the due process of law.