BHARAT SHANTILAL PATEL, ABDULMAJID HAJILATIF MEMAN Vs. STATE

JUDGEMENT

(1.) These three petitions involving common questions of law and fact are proposed to be disposed of by common Judgment/order.

(2.) Special Civil Application No.3560/99 was admitted by this Court on 11.5.1999. On the first day the respondents were not heard. The other two writ petitions have not been admitted so far. They are at the admission stage. In these petitions the order dated 27.3.1998, Annexure : E, passed by respondent No.2 is under challenge. The said order was passed by the Deputy Collector, Dabhoi, holding that since the land in question remained unused continuously from the years 1985 to 1988 without any agricultural and non-agricultural use the said land was resumed to the Government and order for taking possession was passed and Mamlatdar was directed to take possession of the land in question. Various grounds have been taken by the petitioners challenging the impugned order.

(3.) Counter Affidavit has been filed by the Deputy Collector. In this Counter Affidavit in Para : 4 preliminary objection is raised that the impugned order was challenged earlier by Dhartinagar Co.Operative Housing Society, who is respondent No.4 in Special Civil Application No.3560/99 and the said challenge failed in Special Civil Applications No.6620 of 1998 and 6623 of 1998 decided by this Court on 28.12.1998, Annexure : F. Accordingly the main objection is that the members of the said housing co.operative society have no independent legal status to challenge the same order again. The second preliminary objection is that the petition suffers from the vice of laches inasmuch as impugned order was passed on 27.4.1998 whereas Special Civil Application No.3560 of 1999 was filed in April, 1999 i.e. after delay of one year.