VELJIBHAI RAGHAVBHAI BHAYANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CONSIDERING the scope of the controversy the petition is taken up for final hearing and disposal today.

(2.) RULE. Learned AGP appearing for respondent No. 1 - authority is directed to waive service of rule.

(3.) THE petitioner states that as an owner of land bearing Survey No. 292/2/a of Vilage : Bhesan, District : Junagadh, the petitioner has been carrying on agricultural operation on the said land. The land admeasuring 0. 35 Gunthas, which is adjacent to the land belonging to the petitioner, is also under cultivation by the petitioner since on or about 1953. It is further stated that in 1960 when the measurements were undertaken by the Government Authorities, the said land admeasuring 0. 35 Gunthas was shown to be part of Survey No. 286. It is the say of the petitioner that the usage of 0. 35 Gunthas of land by the petitioner was unintentional and could not be treated as an encroachment and it came to light only in 1960 when the measurements were taken. It is the backdrop of the aforesaid factual position that the petitioner requested for regularizing the occupation of the said 0. 35 Gunthas of adjacent land. The application was made to the Collector, Junagadh who did not take any decision but by order dated 23rd April, 2008 issued by the department of Revenue, Gandhinagar, the petitioner was informed that the application was rejected.