MOTI PANIALI GRAM PANCHAYAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioners have prayed for direction to remove encroachment in the land bearing Survey No. 227/1 and to make said land freely available as pasture land of the village.

(2.) PETITIONER No. 1 is Moti Paniari Gram Panchayat. Petitioner No. 2 was its member at the relevant time. They claim that portion of Gauchar land bearing Survey No. 227/1 has been occupied by respondent No. 4 illegally.

(3.) REPLIES have been filed by the Government as well as respondent No. 4. In the State reply, it is contended that after following proper procedure, land was allotted to respondent No. 4. In the reply filed by respondent No. 4, it is stated inter-alia that petitioner No. 2 is unlawfully occupying the land belonging to respondent No. 4 trust. The petition is therefore, mala fide. It is further stated that Survey No. 227/1 is in two portion namely 227/1/a and 227/1/b. Survey No. 227/1/a is of the ownership of the Government. Land is alloted to respondent No. 4-trust for its educational and other related activities such as hostel and running Ashram Shala. This being the situation, prayer of the petitioners cannot be granted.