JORAJI HEMAJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.Champaneri for the petitioner, learned advocate Mr.Munshaw for respondent nos.3 and 5 and learned Assistant Government Pleader Mr.Antani for respondent nos.1,2 and 4.

(2.) In this petition which is filed under Article 226 of the Constitution of India, the petitioner has prayed that the respondents be directed to remove the encroachment from the gauchar land for village Jakhel group gram panchayat as per the resolution dated 20.10.2018 passed by the Gram panchayat of the said panchayat.

(3.) It is submitted by learned advocate for the petitioner that various persons have encroached upon gauchar land of village Jakhel group gram panchayat, the details of which is placed on record at Annexure 'B' of the compilation. It is submitted that the respondent Panchayat issued notices to the concerned persons pursuant to the applications given by the petitioner as well as the other agriculturists for removal of the said encroachment. However, for the purpose of removal of encroachment, measurement of the gauchar land was required to be made. Accordingly, gram panchayat was directed to deposit the amount for measurement of the lands vested in the panchayat. It is submitted that the respondent Panchayat paid the necessary amount in the government treasury. However, thereafter, no action was taken for removal of the encroachment from the gauchar land. It is, therefore, urged that the appropriate direction be issued to the respondent authority.