RUKHADBHAI DANABHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition has been preferred with the following prayers :

(2.) THE notices at Annexure - O and Annexure - P are respectively related to Encroachment Case No. 49 of 2008 and Encroachment Case No. 58 of 2008, both dated 9th September, 2008. The notices have been issued by respondent No. 2 - Mamlatdar, Dascroi, under Section 61 of the Bombay Land Revenue Code, 1879.

(3.) LEARNED advocate for the petitioner vehemently submitted that both the impugned notices are without authority of law, issued in exercise of mala fide power, bad in law as respondent - authority does not have jurisdiction to issue such notices. In support of the aforesaid submissions, learned advocate for the petitioner read extensively from various communications which appear at Annexure - S Collectively from page No. 157 onwards. It is stated that the proceedings for the very same lands have been taken under the provisions of the Gujarat Agricultural Lands Ceiling Act, 1960 and hence, the authority cannot exercise powers under the provisions of the Bombay Land Revenue Code. It was further submitted that despite the petitioner having prayed for time, the respondent - authority was not inclined to grant adjournment and the matter had been preponed for hearing. Learned advocate for the petitioner further submitted that the proceedings have been initiated at the behest of some superior authority.