PATEL PARSHOTTAMDAS CHATURBHAI Vs. HARIJAN SHAKARBHAI LAKHABHAI

JUDGEMENT

(1.) Inconceivable as it might appear Article 226 of the Constitution of India embedded therein to enable the Courts to remove injustice is often invoked (as in the present matter) in order to create rather than remove road blocks in the way of the Establishment even when it is sincerely striving to redress the centuries old injustice to backward class citizens in a small measure. Perhaps it is better to let the facts voice their own sentiments.

(2.) Five land owners from village Radhu in Matar taluka in Kaira district viz. Patel Parshottamdas Chaturbhai and four others have challenged a grant of lands in respect of two small parcels admeasuring 6 acres-27 gunthas and 3 acres 10 gunthas comprised in survey number 250 of the same village in favour of respondent No. 1 Harijan Shakarbhai Lakhabhai the promoter of a backward class co-operative society viz. Sahij Pachhat Varga Samudayik Sahakari Mandali as per order at annexure B dated May 31 1973 by way of this petition invoking the high prerogative jurisdiction of this Court under Article 226 of the Constitution of India.

(3.) The petitioners have challenged the impugned order of grant as per annexure E on the ground that such grant cannot be made by way of an executive fiat without following the procedure prescribed by the Land Revenue Code and on the ground that it is violative of Article 14 of the Constitution of India.