Disposed

Thakor Viraji Mohanji v. State of Gujarat

Gujarat HC6 Sept 2019WPPIL/129/2018

Case brief

AI extract

What is this about?

The Gujarat High Court disposed of a PIL regarding illegal encroachment on grazing land. The Court directed the Talaua Panchayat and official respondents to ascertain the encroachment following due legal procedure and natural justice principles and remove it expeditiously.

What did the court decide?

Direction to the concerned authority to ascertain the factum of encroachment, follow due procedure, and remove encroachment as expeditiously as possible.

Thakor Viraji Mohanji Vs State of Gujarat — Public Procurement and Tenders | Gujarat HC (2019)

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C/WPPIL/129/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/WRIT PETITION (PIL) NO. 129 of 2018

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THAKOR VIRAJI MOHANJI & 5 others

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Versus

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STATE OF GUJARAT & 5 others

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================================================================ Appearance:

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MR. ARCHIT P JANI(7304) for the Applicants No. 1,2,3,4,5,6 MR DHAVAL M BAROT(2723) for the Opponents No. 10,11,12,13,14,15,16,17,18,19,20,21,22,23,24,25,7,8,9 MR HS MUNSHAW(495) for the Opponents No. 3,4,5 MR DHARMESH DEVNANI, AGP for the Opponents No. 1,2,6

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CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT and

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HONOURABLE DR.JUSTICE A. P. THAKER

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Date : 06/09/2019

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ORAL ORDER

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(PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT)

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The present Writ Petition (PIL) has been taken out with following prayers :

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“(A) Call upon the respondents and direct to submit the report before this Hon'ble Court of the steps undertaken to remove illegal encroachment on the grazing land in village Ablauva, Taluka: Saraswati, District : Patan;

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(B) Issue direction to the respondents to remove illegal encroachment in village: Ablauva, Taluka: Saraswati, Dist.: Patan;

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Page 1 of 3

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C/WPPIL/129/2018 ORDER

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(C) Pending admission, hearing and final disposal of this petition, the respondents may be directed to submit the report before this Hon'ble Court of the steps undertaken to remove illegal encroachment on the grazing land in village : Ablauva, Taluka : Saraswati, District: Patan;

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(D) Pending admission, hearing and final disposal of this petition, the respondents may be directed to remove illegal encrochment in Village: Ablauva, Taluka: Saraswati, District: Patan;

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(E) An ex-parte ad-interim relief in terms of prayers (C) and (D) above may kindly be granted in the interest of of justice;

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(F) Pass such other and further order as the Hon'ble Court deems fit and proper.”

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Learned AGP has invited this Court's attention to the affidavit-inreply filed by the concerned Panchayat at page-74 and submitted that concerned Panchayat, though has issued notices and also indicated that respondent nos. 7 to 25 and others were called upon to remove encroachment of Gauchar land/ Gamtal land / Khalwad Land and at subsequent portion of affidavit indicates that some exercise is awaited for measurement at the end of D.I.L.R, Patan.

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Shri Jani, learned advocate appearing for the petitioner places on record the order passed by this Court in Writ Petition (PIL) No. 77 of 2018, which is similar to present petition and submitted that said direction would take care of all the aspect of the matter, in which,

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Page 2 of 3

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C/WPPIL/129/2018 ORDER

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even the encroachers are also, if they are encroachers, given an opportunity.

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We are of the view that without going into the other aspect of the matter, it is absolutely appropriate to issue following direction while disposing of the matter.

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“The concerned authority i.e. Talaua Panchayat and other official respondents shall ascertain the factum of encroachment and after following due procedure of law and principles of natural justice strictly in accordance with law, do the needful, so that encroachment, if any, may not persist on the land. It is directed to do the needful as expeditiously as possible.”

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With this observation, the petition is disposed of. Liberty to approach the Court to all the parties, in case of difficulty.

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(S.R.BRAHMBHATT, J)

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(A. P. THAKER, J)

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P.S. JOSHI

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Page 3 of 3

Thakor Viraji Mohanji v. State of Gujarat

Case brief

What is this about?

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Thakor Viraji Mohanji v. State of Gujarat

Case brief

What is this about?

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