GOSWAMI MADHAVGIRI SHAMBHUGIRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN this petition, the petitioners have challenged the legality and validity of an order dated 19th February, 1998 passed by learned Joint Civil Judge (S.D.), Bhavnagar below Exh.5 in Regular Civil Suit No.228/1997 as upheld by an order dated 22nd June 1999 passed by learned District Judge, Bhavnagar in Civil Misc. Appeal No.61/1998.

(2.) THE petitioners claim to be the devotees of a temple situated in Village -Koliyak, Taluka -Ghoga, District -Bhavnagar known as Nishkalank Mahadev Mandir. They claim to be in possession of yet another temple constructed in Survey No.208 which is near the aforesaid temple. They claim to be in possession of land admeasuring 10 Acres and 27 Gunthas out of Survey No.208 of the said village. It is the case of the petitioners that they have been allotted said lands by erstwhile ruler of Bhavnagar State and that since more than 100 years their forefathers have been in possession of the land in question.

(3.) ON the other hand, the case of the State Government is that the land in question is a forest land and that there is no evidence to establish that any part of the land was allotted to the petitioners by the erstwhile ruler of the Bhavnagar State as claimed.