Laxmiben vs Collector

(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA) This writ petition in public interest has been preferred against the notice issued on 15.1.2010 by the third respondent for removal of unauthorized encroachment.

We have heard Mr Jitendra Malkan for the petitioner, Mr AJ Desai, learned AGP for the State and Mr Harshad K Patel for the respondent Gram Panchayat and perused the record.

From the notice issued, it will be evident that it is an individual notice given to Laxmiben Pravinbhai Vasava, the petitioner in her private capacity for removal of unauthorized encroachment. Therefore, the individual interest of the petitioner being involved, the writ petition cannot be treated as public interest litigation. This Court in an earlier case of the petitioner in Special Civil Application No. 23596 of 2005 has allowed the petitioner to make a representation before the Panchayat or the authority concerned for redressal and the authority has been directed to dispose of the same within three months and has directed to maintain status quo till such decision is taken. But no final decision has been taken on the representation preferred by the petitioner. In that case, the petitioner may bring to the notice of the third respondent that the notice at this stage is uncalled for and to follow the order earlier passed by this Court.

The writ petition stands disposed of.

[S.J.

MUKHOPADHAYA, CJ.] [ANANT S. DAVE, J.] sundar/-

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