RAMESHGIRI PARASHOTAMGIRI RAMDATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition under Article 226 and 227 of the Constitution of India, the petitioner has prayed for the following reliefs :-

(2.) It is the case of the petitioners that the petitioner and his forefathers have been in possession of the land in question since last more than 50 years. It appears from the record that the land in question was granted to a Charitable Trust on certain terms and conditions in the year 1989. Thereafter, the State Authorities proceeded against the Trust and the allotment granted in favour of the Trust came to be cancelled on the ground of breach of condition by the Trust. The petitioner remained in possession of the land in question and carries on agricultural activities.

(3.) Since the land in question was confiscated and vested in the State Government, the Mamlatdar, Porbandar issued notice dated 19.11.2018 to the petitioner and by order dated 18.6.2019, the Mamlatdar, Porbandar held that the petitioner is an encroacher on the land in question and is liable to pay penalty of Rs.46,074/- for having illegal possession of the land in question. It is also held by the Mamlatdar that the price of the land is around Rs.15,35,820/-.