JADIYABHAI MALJIBHAI VASAVA (BHIL) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Shri Jitendra Malkan, learned Counsel for the petitioner. Shri Dipen Desai, learned Assistant Government Pleader, appears for respondent Nos.1 to 3, but, he is not able to assist this Court because despite service of notice, the State Government has not chosen to file any counter-affidavit. None appears for respondent Nos.4 to 6 though served.

(2.) The grievance of the petitioner in the present Writ Application is that the petitioner, a member of Scheduled Tribe, owns land bearing Revenue Survey No.1043 of Dholka, District: Ahmedabad. The respondent Nos.4 to 6 and some of their lieutenants wanted to dispossess the petitioner from the said land, but, they having failed in their attempt now are compelling the people of the area surrounding the land to cremate the body of dead on the land belonging to the petitioner. It is also submitted that the petitioner filed certain complaints before the authorities, but, unfortunately, the Officers of the State Government, being afraid of the notoriously known persons, are not helping and assisting the petitioner.

(3.) In a matter like the present, after receiving the complaint from the petitioner, the State Government, through its agency, was required to make appropriate inquiry and investigation. In case, they had found that the bullies are compelling the use of the petitioner's land as a cremation ground, then, they should have taken an action against all such persons and were also required to provide some protection to the petitioner. When appropriate action is not taken by the administration and it sleeps, then, illegality creeps in and the rights of the party and justice starts weeping.