NAGINBHAI NARSINHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Mehul Sharad Shah, learned advocate for the petitioner, Mr. Shirish Gohil, learned AGP for the respondents no.1 to 3 and Mr. Viral K. Shah, learned advocate for the caveator i.e. Sarpanch, Takarma Gram Panchayat who is not party to the petition.

(2.) It deserves to be noted that when a notice under Section 105 of the Gujarat Panchayats Act came to be issued, the petitioner approached this Court by way of filing Special Civil Application no. 8727 of 2015. This Court (Coram: N.V. Anjaria, J.) by order dated 21.8.2017 passed in main Special Civil Application no. 8727 of 2015 with Civil Application no.11257 of 2016 observed thus: "6. Against this, learned advocate for the petitioner referred to the notices and the proceedings taken out in the year 2006 and further contended that the penalty levied was paid by the petitioner at the relevant time and the construction was regularized. However, the authorities have taken the aforesaid stand, according to which, there still exists construction which is in breach of the Ribbon Development Rules.

(3.) The impugned order passed by the District Collector dated 18.11.2017 is pursuant to the directions issued by this Court. It is admittedly an order under the provisions of the Bombay Land Revenue Code, 1879. In light of the aforesaid, as the petitioner has an alternative remedy by way of filing a substantive revision, which would be a fact finding inquiry under the provisions of Bombay Land Revenue Code, 1879, the present petition is not entertained and the petitioner is relegated to file such revision.