(1.) This petition under Article 226 of the Constitution of India has been preferred by one Shri Mafatji Vaghaji Thakor and another, residents of village Shilaj, against the order dated 23rd November, 1996 made by the District Collector, Ahmedabad under Section 37 of the Bombay Land Revenue Code, 1879 (hereinafter referred to as, Sthe Code ).
(2.) By impugned order made by the District Collector, Ahmedabad, the land bearing Block No.1315 paiki admeasuring 5000 sq.meters of village Shilaj, taluka Dascroi has been granted to one M/s. Western Times Publication Private Limited (hereinafter referred to as, Sthe Western Times ) for establishment of a Press and a godown, at a concessional rate. It is this order of grant which is subject matter of challenge in this petition.
(3.) The petitioners claim that they are the residents of village Shilaj; they are engaged in agriculture and they maintain cattle. The disputed land was the 'gauchar' land allotted to the Shilaj Gram Panchayat (hereinafter referred to as, Sthe Gram Panchayat ). The District Collecter has allotted the disputed land to the Western Times in exercise of power conferred by Section 37 of the Code.