Babubhai Sartanbhai Rabari vs State Of Gujarat & 3 Other(S)

Biren Vaishnav, J

Heard learned Senior Advocate Mr.S.I.Nanavati with learned advocate Mr. Vandan Baxi for the petitioners.

By way of this petition, the petitioners have challenged the undated notice which is produced at Annexure-A, Page no.43 of the petition which is in

respect of the land which has been occupied by the petitioner in an unauthorised manner and illegal constructions has been made on the land. The

notice also mentions about the proposed action of the respondents may take against the illegal occupant under the Gujarat Land Grabbing (Prohibition)

Act, 2020.

Learned Senior advocate Mr. Nanavati submits that the petitioners are residing on the said land since more than five years and they are land

grabbers. Learned Senior advocate Mr. Nanavati also draws attention of this Court to the order dated 9th April, 2021 passed in Special Civil

Application no.6477 of 2021 in the case of Thakore Melaji Galaji & 32 others Vs. State of Gujarat, wherein after hearing the respondents, the

coordinate Bench of this Court granted relief in favour of the petitioners of that petition. According to learned Senior advocate Mr.Nanavati, the case

of the petitioners is identical to the case of the petitioners of Special Civil Application no.6477 of 2021 and therefore, learned Senior Advocate prays

for relief of identical nature as was granted in Special Civil Application no.6477 of 2021 vide order dated 9th April, 2021.

In view of the aforesaid submissions, issue Notice to the respondents returnable on 22nd June, 2021.

Respondents may file reply before the next date.

By way of ad-interim order, following directions are issued.

(i) Respondent No.2 shall cause record a Panchnama through a responsible officer, of the place/the land occupied by the petitioners and the

houses/places of the petitioners where the petitioners claim to be staying and reside. Such Panchnama shall be prepared within two days from the date

of receipt of the order. It shall record the nature of occupation of the petitioners;

(ii) All the petitioners are directed not to transfer or alienate the superstructure which may be standing on the land either themselves or through their

family members. They shall not create any encumbrance of any nature;

(iii) All the petitioners are directed to file individual undertaking before this Court that she/he alone with family has been in possession of the land

staying therein and none other is in possession or is inducted into possession;

(iv)The directions issued in above (i) to (iii) are to ensure that neither the equities nor the new rights are created;

(v) None of the respondents shall take any coercive steps of eviction against the petitioners, till the next date of posting of the petition.

Direct service is permitted. The respondents be served through e-mode also over and above the regular mode of service.

Registry is directed to tag this petition along with Special Civil Application No.6477 of 2021 on the next date of hearing.