Natvarlal Jivrajbhai Bhatia vs State of Gujarat and 19

Honourable Mr. Justice J.B. Pardiwala

By way of this writ application in the nature of a Public Interest Litigation, the petitioner, a resident of Damnagar town of Amreli District has brought to our notice that land and other benefits which are required to be allotted in favour of the families below poverty line under "Pandit Din Dayal Awas Yojana" are allotted in favour of the persons of higher status without allotting the same in favour of the poor.

It has been brought to our notice that such benefits are allotted in favour of respondent nos.4 to 20 who are holding the posts like Member of Taluka Panchayat, President of Consumer Forum, etc.

Being satisfied with the bonafides of the petitioner and also the genuine public interest involved, this Court issued notice to the respondents vide order dated 2nd February 2010.

Respondents appeared and filed their respective replies. Respondent - State straightway accepted that some infirmities have been committed in allotting the land under the said scheme. In view of this stand taken by the respondent - State, this Court, vide order dated 21st June 2010, directed the first respondent - State, through Secretary, Panchayat and Rural Housing Department, Gandhingar and the District Development Officer, District Panchayat, Amreli to make inquiry personally or through any agency so far as the income, assets, etc. of the respondent nos.4 to 20 is concerned and whether they are entitled to allotment of land under "Pandit Din Dayal Awas Yojana". On 14th September 2010, this Court passed the following further order :

Prima facie it appears from the record that number of persons who were not below poverty line have been allotted land under "Pandit Din Dayal Avas Yojana". No steps have been taken by the authorities to cancel such allotments after notice to such persons. In spite of number of adjournments, proper affidavit has not been filed showing action taken since February, 2010. In the facts and circumstances, to get better assistance, we direct the Secretary, Social Justice and Empowerment Department and the District Collector, Amreli to appear in person and assist the Court. Learned AGP Mr. Pranav Trivedi shall inform this order to the Secretary, Social Justice and Empowerment Department and the District Collector, Amreli, who shall remain present on the next date. Let a copy of this order be handed over to the learned AGP for information.

Post the matter on 27.9.2010.

On 27th September 2010, upon hearing the Secretary, Social Justice and Empowerment Department and the Collector, Amreli District, this Court passed the following order :

Mr.Taneja, Secretary, Social Justice and Empowerment Department and Mr.P.R.Sompura, Collector, Amreli District, have appeared to assit the Court and filed their respective affidavits/ Action Taken Reprot. Prima facie, it appears that illegality has been committed in respect of five contesting respondents, for which, show cause notice etc. has been issued on them, and in some cases, criminal complaint has also been lodged. It is not clear whether any of the employees of the Social Justice and Empowerment Department or the Taluka Development Officer or staff under him have connived with these officers in illegal allotment of the land or fund in their favour. It is informed that the matter will be looked into by the competent authority, and if necessary, it will be brought to their notice by the officers, who are present in the Court.

In the facts and circumstances of the case, while we dispense with the appearance of the officers, direct the respondents to file progress report by next date.

Post the matter on 25th October 2010.

On 25th October 2010, this Court passed the following order, whereby we directed the State authorities to evict the respondents being in unauthorized occupation of land as the allotments came to be cancelled by the authorities concerned.

On 27.09.2010, it was brought to the notice of this Court that five of the contesting respondents have committed illegality in the matter of allotment of land, for which 14th, 15th, 16th, 17th and 18th respondents have been served with show-cause notice. It is informed today that the allotments made in favour of these five respondents has been cancelled and a criminal complaint no.59/2010 has been lodged on 24th September 2010 at Lathi Police Station against -(i) N.H Karia [retired T.D.O., Lathi]; (ii) V.P Barad [Retired Asst. T.D.O., Lathi]; (iii) P.N Mehta, Sr. Clerk. It is also informed that complaint has also been filed against one Mahipargar B. Gosai and Ramesh K. Padaya who have tampered with th record and managed allotment of land in their favour. Details of other action taken has also been shown in the affidavit.

Learned counsel appearing on behalf of the 5th respondent submitted that the allotments having been cancelled, now steps will be taken to evict the concerned respondents from the land.

In the circumstances, we allow respondents to evict the aforesaid respondents in accordance with law. We direct DDO, Amreli to bring this order to the notice of the Court, if any of these respondents move the Court in future.

Post the matter on 16th December 2010. By the next date, the respondents shall file the progress report.

On 16th December 2010, this Court directed the respondent - State and the Municipal authorities to file an affidavit giving details of steps taken pursuant to the Court''s order and the latest status report. We also directed the respondents to inquire about the source of livelihood of respondent no.18 and find out whether he is a B.P.L. Card holder and a member of ''Below Poverty Line'', as respondent no.18 took a stand before us that he is a genuine person holding a B.P.L. Card and is a member of ''Below Poverty Line''.

On 1st April 2011, this Court passed a further order permitting respondent nos.17 and 18 to move before the Collector, Amreli to enable them to produce relevant evidence in support of their claim that they are ''Below Poverty Line'' and that the land was rightly allotted in their favour. We also directed the Collector that after hearing respondent nos.17 and 18 he shall pass appropriate order and the same be enclosed with the report.

Thereafter, on 12th August 2011, this Court passed one more detailed order directing the Collector, Amreli to initiate appropriate inquiry with regard to illegal allotment of land and to submit a report in that regard. We also directed the Collector, Amreli to initiate appropriate criminal prosecution, if any criminal offence is made out. The order dated 12th August 2011 reads as under :

Notices were issued on the respondents pursuant to which they have appeared and the matter was heard from time to time. By Court''s order, those illegally allotted, their allotment has been cancelled. Out of the aforesaid respondent Nos.4 to 20, respondent No.18-Vishnubhai Kalubhai Bhatti raised a grievance. He pleaded that his allocation has been wrongly cancelled and was evicted, though he is one of the beneficiary, who is below poverty line and not holding any post either Sarpanch or President of any Municipality or Gram Panchayat. It is only on wrong information and because of filing of the present writ petition and some order passed by this Court, his order of allotment has been cancelled.

The learned counsel appearing on behalf of the petitioner would contend that respondent No.18 was rightly allotted a piece of land, but that was not allowed to be occupied by him. One of the ex-President of the Damnagar Municipality, Dist. Amreli intended to settle his personal servant on the land which was originally allotted to respondent No.18. At that stage, respondent No.18 proceeded on fast then they settled the matter and allowed him to occupy another piece of land, which was not originally allotted in favour of respondent No.18.

3.1 The learned counsel for the petitioner would further contend that though allotment order has been cancelled, but no action has been taken against those at whose instance such allotment was made in favour of respondent Nos. 4 to 20 except respondent No.18.

In the present case, we find that certain grievance has also been raised by respondent No.17-Rameshbhai Keshavbhai Padiya. In these two cases, we allowed respondent Nos.17 and 18 to move before the Collector, Amreli. it is reported that the Collector, Amreli has rejected the claim of respondent No.17.

Having heard the learned counsel for the parteis, we are of the view that substantive measures have already been taken by the respondents though some more measures are required to be taken, namely,

(i) it is noticed that respondent No.18 was originally allotted the land but not allowed to be occupied;

(ii) the action required to be taken against such person who wrongly allotted the land in favour of respondent Nos.4 to 20, except respondent no.18.

For such action, we remit back the matter to the Collector, Amreli who will inquire into both the aforesaid questions. If the land originally allotted in favour of respondent No.18 has been wrongly allotted or allowed to be occupied by servant of ex-President of Municipality (respondent No.12), in such case the action be taken after notice to the said respondent no.12 and appropriate order of allotment be made in favour of respondent No.18.

The Collector, Amreli is further directed to make total inquiry with regard to illegal allotment of land and he will submit a report giving name of such person(s) who committed such illegality. If any criminal offence is made out then appropriate case may be lodged. The matter be reported to the Court by the next date.

Post the matter on 26th September 2011.

Let a copy of this order be handed over to the learned AGP for information of the Collector, Amreli.

When the matter was taken-up for further hearing, learned AGP Mr.Pranav Dave invited our attention to the recent report dated 12th November 2011 filed by the Collector, Amreli. In this report, the Collector has highlighted as to what steps have been taken against each of the respondents alleged to have obtained land not otherwise entitled to under the scheme. The report also includes the details as regards the criminal prosecution which has been lodged against the respective erring officials responsible for illegal allotments. We would like to incorporate some relevant part of the report in our order.

Moreover, by going through the reports obtained from (1) Deputy Director, Nagarpalika, Gandhinagar, (2) District Development Officer, Amreli, (3) District Superintendent of Police, Amreli, (4) Chief Officer, Nagarpalika, Damnagar and (5) Deputy Collector, Lathi, in respect of action taken against responsible persons, its status and facts in respect of Plot No.18, they have stated as under:

RESPONDENT NO.6 : District Social Welfare Officer, Amreli. Notice dated 19-09-2008 and 01-02-2010 were issued by them to Shri Mahipatgar Bhavnagar Gosai for getting assistance of Rs.20,000/-by producing bogus documents. He was instructed to deposit the same. It has been stated that the said amount has been deposited. Thus, as assistance was obtained by Mahipatar Bhavgar Gosai by the way of bogus certificate, on 24-09-2010, the District Social Welfare Officer, Amreli has lodged F.I.R. No.43/2010 and offence has been registered.

RESPONDENT NO.7 : Taluka Development Officer, Lathi.

It has been stated by the District Development Officer, Amreli, in his letter dated 05-09-2011 that departmental inquiry cannot be held under G.C.R. (PENSION) Rules-24(2), Kh(2) against Shri N.H.Karia, the then Taluka Development Officer, Lathi and Shri V.P.Barad, the then Assistant Taluka Development Officer, Lathi, as more than four years have been of their retirement. Complaint No.59/2010 has been lodged at Lathi Police Station against concerned Taluka Development Officer, Lathi, Assistant Taluka Development Officer, Lathi and P.N.Mehta, Junior Clerk and concerned office bearers for irregularity and illegality in allotment of free of cost plots. In this matter, charge sheet has been submitted on 18-02-2011 in Lathi Court. Moreover, it has also been stated that to initiate departmental proceedings against Shri M.V.Thumar, the then Talati cum Mantri, at present retired, on 30-06-2011, proposal has been sent to the Government of Gujarat, Panchayat Department. The District Development Officer, has passed order dated 26-11-2010 to initiate departmental proceedings against Shri P.N.Mehta, Junior Clerk.

RESPONDENT NO.9 : Chief Officer, Damnagar.

Information in respect of the persons who have performed their duties as Chief Officer during this period, has been provided vide letter dated 25-04-2011 and accordingly, show cause notice has been issued to Sr.No.1 Shri J.P.Valand for which defence has been produced by him in writing on 29-11-2010. Taking into consideration his offence, as no mal-intention was noticed on his part, warning has been given to him vide this office letter No.CHI/MKM/ 450/11 dated 15-02-2011. Copy of the same is submitted herewith.

On 23-12-2010, proposal has been sent by the Deputy Director, Municipalities, Gandhinagar, under Gujarat State Service (Discipline & Appeal) Rules - 1971 to Urban Development & Urban Housing Department, Gandhinagar, against No.2 Shri B.I.Kadia, who was Chief Officer, Damnagar, at the relevant time. Sr.No.3 Shri J.N.Desai has given resignation voluntarily which has been granted by Urban Development and Urban Housing Department, on 17-05-2010 and he has been discharged from his service. Copy of the same is submitted herewith.

RESPONDENT NO.10/12 : President, Nagarpalika, Damnagar.

Formerly, there was Gram Panchayat, Damnagar which has been converted to Nagarpalika (Borough) from 11-08-2005. For the period from 31-03-2006 to 30-09-2008, Shri Amarsibhai B.Narola was the President. Permission for construction has been given to the opponent nos.14, 16 and 17 by Nagarpalika, Damnagar. As per the provision of Section 155 of Municipalities Act, 1963, Chief Officer of Nagarpalika has right to give permission for construction. Proofs produced by the opponent to obtain permission for construction were having insufficient details, permission should have been granted after obtaining proofs and Engineer/Overseer of the Nagarpalika should personally visit the concerned place and only then permission should be granted. There appears administrative defects for which, Chief Officer and Engineer/Overseer can be said to be preliminary responsible. In his submission dated 03-09-2011, the concerned President has stated in presence of the Chief Officer, Damnagar, that during his tenure in Nagarpalika, he has not played any role in allotment of free plot to his relative. Accordingly, it transpires that no any illegality has been committed by the then President, Nagarpalika, Damnagar in allotment of the above plot.

RESPONDENT NO.11 : Shri B.L.Chavda, Overseer, Nagarpalika, Damnagar.

On 07-10-2010, charge sheet was given by the Chief Officer, Damnagar to Shri B.L.Chavda, Overseer, Nagarpalika, Damnagar, for giving permission for construction without proper verification and without personal visit of the place. Thereafter, in view of Damnagar Police Station, C.R. No.I 43/10, on 28-11-2010, at 18.00 Hrs., Shri B.L.Chavda has been arrested. He has been suspended by Chief Officer, Damnagar, order dated 04-12-2010 and at present he is under suspension.

RESPONDENT NO.13 : Suresh Jagannath Mehta.

For, Damnagar village Survey No.92/3, as per village form No.2, Radhaben Devjibhai was the holder of plot No.68. She was residing out of village hence, vide order dated 23-02-1994, the Taluka Development Officer, Lathi, has cancelled the plot. The said plot has been entered in the name of Shri Suresh Jagannath Mehta in village form No.2. In this respect, Chief Officer, Damnagar, informed the opponent no.13 to produce proofs in respect of holding of plot but no proofs have been produced for the said plot hence, vide this office letter No.NPL/VASHI/2875/11 dated 14-10-11, the Chief Officer, Damnagar was instructed, to take legal action against him. Actually, allotment of plots have been made on 24-01-2005 by Land Committee, Taluka Panchayat, Lathi. The said allotment is of land of plots of Survey No.376 of village Damnagar which does not include plot possessed by opponent no.13. One application is also received from Suresh Jagannath Mehta by Collector office Amreli on 2-11-2011. Therefore the details of how the name of Suresh Jagannath Mehta was entered, will be collected and suitable actions will be taken against the persons involved.

RESPONDENT NO.14 : Mahipatgar Bhavgar Gosai.

In the meeting dated 21-04-2005 of Land Committee, Taluka Panchayat, Lathi, as his name was not in the list of B.P.L., his application was rejected. But, in the proceedings dated 04-07-1998 of Land Committee, his name has been written by erasing in the sanctioned name of Amarsibhai Bhatia. There is no mention of his name in the order 21-08-1998 by which plots have been allotted. Taluka Development Officer, Lathi, has issued certificate dated 23-09-2006 for allotment of plot. As the said person has obtained plot by producing forged documents, proceedings were initiated by Nagarpalika Damnagar to get vacated the possession and on 24-10-2009, the applicant himself has removed the encroachment. Assistance of Rs.20,000/-has been given by Social Welfare Department which has been recovered and vide C.R. No.59/10, offence has been registered against the plot holder and he was arrested on 09-10-2010 at 11.30 Hrs. and on production of so-called duplicate certificate stated to have been signed by Taluka Development Officer, Lathi, the same was seized in presence of Panchas under Panchnama. As stated by him in his statement, the said certificate was issued to him by Baghabhai alias Vaghjibhai Jivrajbhai Rathod, Resident of Damnagar. For further investigation, remand of the accused were sought for and the Hon''ble Judicial Magistrate, First Class, Lathi, has granted remand for 05 days i.e. upto 12-10-2010, 12.00 noon.

RESPONDENT NO.15 : Ghanshyambhai Baghubhai Togadia.

Land of Plot No.37 was allotted to him but, house was constructed by making encroachment on pasture land. The Government has taken over the possession of the house on 01-12-2010 and plot No.37 which was allotted vide order dated 19-10-2010 by Taluka Development Officer, Lathi, has been cancelled. In this connection the crime was registered with Lathi Police Station C.R. No.59/10 dated 24-09-2010, and he has been arrested on 26-12-2010 in which he has stated that he has helped Valjibhai alias Baghabhai Jivrajbhai Rathod to sale forged certificates. Thereafter, the accused was produced before the Hon''ble Court along with report of two days remand.

RESPONDENT NO.16 : Hareshrai Anantrai Thakar.

In 1986, Plot No.507 was allotted to him but he constructed house by making encroachment upon pasture land.

The possession of the said house has been taken over by Nagarpalika on 01-12-2010. Order by which the plot has been allotted to him has been cancelled by Taluka Development Officer by order dated 19-10-2010.

RESPONDENT NO.17 : Remeshbhai Keshavbhai Padaya.

As per the Hon''ble High Court order dated 01-04-2011, the respondent nos.17 and 18 have been heard. On 06-04-2011, Rameshbhai Keshavbhai Padaya has made written representation wherein he has stated that he has made construction the land of Plot No.162 allotted to him. Whereas in the list sanctioned by Panchayat Land Committee of Taluka Development Officer, Lathi, there was name of Arvind Keshav Padaya and by going through the record of Taluka Development Officer, Lathi, the same corrected as Padaya Rameshbhai. At the relevant time, name of Ramesh Keshav Padaya was not included in B.P.L. List.

Taluka Development Officer has cancelled the allotment of plot and on 24-09-2010 F.I.R. No.59/10 has been lodged against him at Police Station. On 18-10-2010, he was arrested at 18.00 Hrs. and his detailed statement has been recorded. In this respect, charge sheet has been submitted before the Hon''ble Court. Representation dated 02-09-2011 of Shri Rameshbhai Keshavbhai Padaya to allot him plot has been received by Taluka Development Officer, Lathi. In this respect, the Taluka Development Officer, Lathi, has sought for report of the Chief Officer, Nagarpalika, Damnagar.

RESPONDENT NO.18 : Vishnubhai Kalubhai Bhatti.

As per order dated 01-04-2011 of Hon''ble Gujarat High Court, he has submitted his written reply on 06-04-2011 wherein he has stated that he was beneficiary of B.P.L. And plot which was allotted to him has been changed. As per report of Taluka Development Officer, Lathi, name of Vishnubhai Kalubhai was in B.P.L. List at Sr.No.50090500619 and plot no.94 was allotted to him but, instead of the plot allotted to this beneficiary, has illegally constructed house on adjacent pasture land hence, by order dated 19-10-2010, the Taluka Development Officer, Lathi, has cancelled the plot allotted to him. As per the order dated 12-08-2011 of the Hon''ble Gujarat High Court, in reply dated 06-04-2011, the concerned President, Nagarpalika, Damnagar, has not stated any fact that the plot which was actually allotted to Vishnubhai Kalubhai Bhatti has been allotted to his servant by the concerned President, Nagarpalika, Damnagar. Although, the concerned President, Nagarpalika, Damnagar, in his letter dated 03-09-2011 has stated that he has no knowledge in this respect and no any beneficiary is his relative. There is no substance in the submission of the applicant. As Vishnubhai Kalubhai Bhatti was B.P.L. Beneficiary, he was entitled for plot No.94. The construction made by him on pasture land instead of plot allotted to him has been removed by him voluntarily on 14-10-2010. As per oral order of Hon''ble Gujarat High Court dated 12-08-2011, by application dated 10-10-2011, Vishnubhai Kalubhai Bhatti has requested to do needful. In this respect, the Taluka Development Officer, Lathi, by order dated 19-10-2010 has cancelled the allotment of plot No.94 to the opponent no.18. Against the said order, the opponent no.18 should prefer appeal before the competent authority.

RESPONDENT NO.19 : Raval Dev.

Specific name has not been mentioned in petition. Only Raval Dev caste has been shown. It has been stated by the District Development Officer that free plots were allotted to some of the members of Raval Community and all of them have been included in B.P.L. List and it has not been mentioned by the applicant in his S.C.A. that to any of them, the plot has been allotted illegally.

RESPONDENT NO.20 : Valjibhai Jivrajbhai Rathod.

Free plot has not been allotted to this person. But, Plot No.57 has been allotted in free plot area to his son Bharatbhai Valjibhai Rathod. Offence has been registered against him at Lathi Police Station vide C.R. No.59/10. In connection with the complaint, Shri Valjibhai Jivrajbhai Rathod alias Baghabhai Jivrajbhai Rathod was arrested on 23-10-2010 at 14.30 Hrs. and in detailed interrogation by the investigation by Investigating Officer, certificate showing duplicate signature was shown wherein there are handwriting of B.L.Chavda, Construction Engineer of Damnagar Nagarpalika and it has been stated that such certificates have also been given to others and such certificates are sold at Rs.5,000/-to Rs.10,000/-by Shri Ghanshyambhai Balubhai Tagadia and the amount was distribution among him, Ghanshyambhai and B.L.Chavda and the round seal applied in the certificate was there from the very beginning in the certificate issued by B.L.Chavda and in this certificate he has set forth his signature on the designation of Taluka Development Officer and the order number and dated has been written in his handwriting whereas certificate issued to Mahupatgar Bhavgar Goswami was written by B.L.Chavda. Moreover, this person has been arrested and report u/s 164 of the Code of Criminal Procedure in respect of acceptance of offence has been made to the Hon''ble Chief Judicial Magistrate and proceedings for remand were initiated and the same were granted up to 25-10-2010 and on production before the Court the matter has been adjourned.

Moreover, as per the report of the Superintendent of Police, Amreli, dated 17-10-2011, evidence against 08 (eight) accused have been collected and hence, charge sheet has been produced against them in the Court of Hon''ble Judicial Magistrate, First Class, Lathi. The matter was listed on board on 11-10-2011 and the next date is fixed 01-12-2011. In this matter, the details of 08 accused of Criminal Case No.90/11 dated 08-03-2011 is as under :

� Shri N.H.Karia, Retired Taluka Development Officer, Lathi - Opponent No.7.

� Shri B.L.Chavda, Overseer, Nagarpalika, Damnagar - Opponent No.11.

� Shri Mahipatgar Bhavgar Gosai, residing at Damnagar - Opponent No.14.

� Shri Ghanshyambhai Babubhai Tagadia, Damnagar - Opponent No.15.

� Shri Rameshbhai Keshavbhai Padaya, Damnagar - Opponent No.17.

� Shri Valjibhai Jivrajbhai Rathod, Damnagar - Opponent No.20.

� Shri Pareshbhai Natvarlal Mehta, Junior Clerk, Taluka Panchayat, Lathi.

� Shri V.P.Barad, Retired Assistant Taluka Development Officer, Lathi.

As per para 5(1) and (2) of the oral order of the Hon''ble Gujarat High Court dated 12-08-2011, the land of Plot No.94 allotted to the Opponent No.18 is open hence, question does not arise for non allotment of the said plot to him. In respect of illegality committed for the allotment of above plots, Police Complaints have been lodged against the concerned Taluka Development Officer, Lathi, Assistant Taluka Development Officer, Lathi and Senior Clerk, Taluka Panchayat, Lathi. So far as Para No.6 is concerned, as the procedure of allotment and handing over of possession of Plot No.18 has not been done by the Ex-president, Nagarpalika, Damnagar, action cannot be taken against him. Plot No.94 allotted to the Opponent No.18 has been cancelled by the Taluka Development Officer, Lathi, on 19-10-2010 hence, he should seek relief against the said order before the competent authority.

In view of the above, before receipt of oral order dated 12-08-2011 of the Hon''ble High Court of Gujarat, procedure to initiate departmental/police complaint against the defaulters have been completed except respondent No.13 and now no proceedings are pending to be initiated against the defaulters, except respondent No.13.

Having heard the learned counsel for the respective parties and having gone through the materials on record, more particularly, the last report of the Collector, Amreli dated 12th November 2011, we are convinced and satisfied with the steps which have been taken for cancellation of allotments and actual eviction of the persons from the land in question. We have also noticed that pursuant to our orders earlier passed, appropriate criminal prosecution has also been lodged against few erring officials. However, a serious grievance has been redressed by the learned counsel appearing for respondent nos.17 and 18. Learned counsel for respondent nos.17 and 18 vehemently submitted that they have been victims of the massive demolition drive launched by the authorities pursuant to various orders passed by this Court from time to time. Counsel for respondent nos.17 and 18 submitted that they are genuine persons living below poverty line and are also holding genuine B.P.L. Card. It was submitted on behalf of respondent no.18 that he was actually allotted the land but not allowed to occupy.

So far as respondent nos.17 and 18 are concerned, we have noticed from the report of the Collector, Amreli that the Taluka Development Officer has cancelled the allotment of plot. We have noticed that so far as respondent no.17 is concerned, the Taluka Development Officer cancelled the allotment of plot and also lodged an F.I.R. being CR-I No.59 of 2010 at the concerned police station.

Respondent no.17 was also arrested and a charge-sheet has also been filed for the offences of forgery. So far as respondent no.18 is concerned, we have noticed that his allotment has also been cancelled by the Taluka Development Officer, Lathi by order dated 19th October 2010. We have noticed that so far as the decision as regards respondent nos.17 and 18 is concerned, the authorities have given both the respondents a reasonable opportunity of hearing and after hearing them, the orders of cancellation were passed.

We are of the view that at this stage we cannot grant any relief in favour of respondent nos.17 and 18 as we find that there are highly disputed questions of fact. All we can say is that, if they are aggrieved by the order passed by the Taluka Development Officer, Lathi, cancelling the allotment of respective plot then it shall be open for respondent nos.17 and 18 to challenge the same before the higher forum in accordance with law.

We also clarify that we have not expressed any opinion as regards the legality and validity of the order passed by the Taluka Development Officer, Lathi so far as cancelling the order of allotment of plot is concerned. If, respondent nos.17 and 18 approach the higher forum, we are sure that the higher forum will look into the matter and pass appropriate orders in accordance with law without being influenced by the fact that this Court has refused to grant them any relief, more particularly, in this Public Interest Litigation.

We are satisfied with the manner in which the authorities have proceeded to take care of the public interest involved in the matter by cancelling all illegal allotments of plots and also by actually evicting the persons who were occupying the plots.

In this view of the matter, no further monitoring is now necessary and we accordingly close this Public Interest Litigation. The writ application is accordingly disposed of. No order as to cost.