VALLABHBHAI KALYANJI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Senior Counsel, Mr. Mehul S. Shah assisted by learned advocate, Ms. Aarti Tiwari appearing for the petitioners and learned advocate, Mr. Mehul Sharad Shah appearing for the respondent no.5 - Caveator.

(2.) The facts of the case giving rise to filing of the present petition are as under,-

(3.) Learned Senior Counsel, Mr. Shah has referred to the provision contained in Section 73AA as well as Section 79A of the Revenue Code. It is submitted that once the petition being Special Civil Application No.11648/2017 is pending before this Court challenging the order passed by the respondent - SSRD in Revision Application No.14/2016, it was not appropriate on the part of the respondent authority to initiate proceedings for the breach of Section 73AA of the Revenue Code. It is also submitted that once the view is taken by the respondent - SSRD that the petitioners are not in occupancy of the tribal land then, it was not appropriate on the part of the respondent authority to initiate proceedings for the breach of the provision contained in Section 73AA of the Revenue Code. It is also submitted that even assuming that the petitioners are in illegal occupancy of the land in question even then, the Deputy Collector is not empowered to direct the Mamlatdar for taking over the possession of the land in question and to handover the peaceful possession of the land in question to the private respondent herein.