RAMANBHAI RAMSINHBHAI PARMAR Vs. MAMLATDAR RURAL ANAND

JUDGEMENT

(1.) The petitioner has preferred the petition for challenging the Notice dated 8-2-2006 issued by the Mamlatdar for recovery of the amount of Rs. 3,40,870/- from the petitioner under the Bombay Land Revenue Code.

(2.) Heard Mr. Shah, learned Counsel for the petitioner, Mr. Chhaya, learned A.G.P. for the State authorities-respondents No. 1 to 4 and for respondent Nos. 5 and 6, though served, they have chosen not to appear. I have also heard Mr. Munshaw, learned Counsel for the newly added respondent No. 7, D.D.O., Anand. All learned Advocates are heard for final disposal.

(3.) It appears that since certain observations were made by this Court in its order dated 25-3-2005 in Spl.C.A. No. 10881 of 2004 with Civil Application No. 8256 of 2004 for vacating of the interim relief while examining the legality and validity of the order of removal under Sec. 57 of Gujarat Panchayats Act (hereinafter referred to as "the Act"), the District Development Officer communicated to the Mamlatdar to recover the amount of Rs. 3,40,870/- being loss caused to the Gram Panchayat and the Mamlatdar, in turn, issued notice for recovery of the amount as per the Bombay Land Revenue Code for recovery to the petitioner and under these circumstances, the present petition. As per the petitioner, the petitioner also preferred appeal under Sec. 203 of the Bombay Land Revenue Code before the Dy. Collector, however, the appeal was not entertained, and therefore, the petitioner was constrained to approach before this Court.