VIJAYKUMAR P KHAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner challenges by this special civil application, the communication dated 2.9.1992 of the Mamlatdar, respondent No. 3 herein, under which the petitioner was called upon to show cause as to why his stall should not be removed from the existing site i.e., Station Road, Virpur and why assessment and fine should not be levied for unauthorised occupation.

(2.) The facts of the case are that the petitioner is having a tea stall at Station Road, Virpur since last more than four years. He has been given the electric connection by the Gujarat Electricity Board since more than two years. He produced a copy of receipt of Electricity Board dated 38.1990 and bill for the months of May and June, 1990. The petitioner stated that carrying on his tea stall at the Station Road is not in any manner obstructing the traffic or is not causing any nuisance to the public. It has further been stated that at the same place there are about three or four other stalls and the respondent No. 3 has not touched to those persons. Under Annexure 'C', the Deputy Executive Engineer asked the petitioner to remove his stall on or before 16th September, 1992 failing which it will be removed by the respondent No. 2.

(3.) The counsel for the petitioner contended that the Mamlatdar was not the competent authority to take any action in the matter. The powers under Sec, 61 of the Bombay Land Revenue Code could have been exercised by the Collector. It has further been contended that no inquiry under Sec. 67 of the code is held to decide the title of the land occupied by the petitioner. Lastly, the counsel for the petitioner contended that the respondents have no power to dispossess the petitioner from the land in dispute without following the due procedure under the Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972.