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Judgment
S.R. Brahmbhatt, J
Learned Assistant Government Pleader Mr. Utkarsh Sharma for respondent nos. 1 to 3 and 5 is present and Mr. Lakhani, learned advocate for the respondent nos. 7 to 13, 18, 21 and 22 is present.
The present Writ Petition is filed as Public Interest Litigation with following prayers:
[A] Be pleased to admit and allow this Petition;
[B] Be pleased to issue a Writ of Mandamus and/or a Writ in the nature of Mandamus or any other appropriate Writ, Direction or Order upon the Respondents 1 to 6, it's agents or servants by directing them to vacate the illegal possession of respondent no. 7 to 22 and remove the construction put up on the Land bearing Revenue survey No. 840 paiki, Village, Aamran, tal: Jodiya, Dist: Jamnagar.
[C] Be pleased to issue a Writ of Mandamus and/or a Writ in the nature of Mandamus or any other appropriate Writ, Direction or Order upon the respondent no. 1 to 6 to initiate legal proceedings against respondent no. 7 to 22 for illegal possession of the land and other offences.
[D] Pending admission till final disposal of this petition, be pleased to grant ad interim relief in terms of restraining the respondents no. 7 to 22 in putting up further construction upon the Land bearing Revenue survey No. 840 paiki, Village, Aamran, tal: Jodiya, Dist: Jamnagar.
[E] Be pleased to pass such other and further orders as may be deemed fit in the interest of justice.
Thus, what is essentially agitated in this petition is alleged illegal construction of two shops encroaching upon the gamtal land.
On 07.08.2015, the Court permitted the counsel for the petitioner to correct the array of the respondents during the course of the day and notice was issued to the respondents. On 14.09.2015, this Court passed the following order:
Stand over to 28th September, 2015.
Petitioner to comply with the requirements of Rule 3 read with Rule 5 of The High Court of Gujarat (Practice and Procedure for Public Interest Litigation) Rules, 2010."
On 06.04.2016, this Court passed the following order:
"In view of leave note of learned counsel Mr. Lakhani, stand over to 27.4.2016."
On 13.06.2018, the following order was passed:
"There is no representation, when the matter is called. Stand over to 25.07.2018."
Shri Lakhani, learned counsel for the respondent nos. 7 to 13, 18, 21 and 22, invited Court's attention to the averments made in the Affidavit-in-Reply, paragraph no. 9, indicating that the petitioner himself has also owning a shop on the land in question and there is no rejoinder refuting the statement.
We have also noticed that there were communications not only from the Mamlatdar but also from the Executive Engineer concerned indicating that there is construction activities of two shops is going on for which there was no permission or opinion granted or issued by the concerned authority. The Court is also mindful of the fact that the observation of this Court in order dated 14.09.2015 asking petitioner to comply with the requirement of Rule 3 read with Rule 5 of the High Court of Gujarat (Practice and Procedure for Public Interest Litigation) Rules, 2010, have not been indicated to have been complied with.
We are of the view that this petition deserves to be disposed of by issuing the following directions.
The" Respondent no. 2 shall examine the entire matter and follow the provision of law and principles of natural justice for removal of the encroachment on gamtal land, if any.
Liberty to the parties to approach the Court in case if any legal right are infringed in the process, as under the order of this Court no one shall be permitted to take steps which are not in accordance with law.
With these observation and direction, the petition is disposed of.