Rabari Raymalbhai Sartanbhai vs State Of Gujarat

1. The present petition is filed under Articles 226 and 227 of the Constitution of India. The three petitioners who are resident of Village Korda, Dist:Mehsana have prayed as under:

"(A) To admit and allow this petition;

(B) Your lordship may be pleased to issue writ of certiorari or a writ in the nature of Certiorari or any other appropriate writ, order or direction by quashing and setting aside the order of Special Secretary Revenue Department, dated 06.10.2015 passed in MVV/JMN/MHS/11/2011 in the interest of justice;

(C) Your Lordship may be pleased to remand the said case to the Collector to decide a fresh by considering the Circular of Government regarding requirement of Gauchar land and also follow the guideline of Hon'ble Apex Court in State of Jharkhand V/s pakur Jagran Manch reported in AIR 2011 SC 675.

the implementation/execution of the order of Special Secretary Revenue Department, dated 06.10.2015 passed in MVZV/jmn/MHS/11/2015 till final disposal of this petition."

2. Learned advocate Mr.Rajesh Soni appearing on behalf of the petitioners has pointed out the illegalities committed by the District Collector while accepting the demand made by the Panchayat to convert certain part of the Gauchar land for allotment of construction of the residents for weaker section of the society. He therefore would submit that the petition may be allowed.

3. I have heard learned advocate for the petitioners. The petitioners have miserably failed to establish that how the order passed by the District Collector and claim of the Panchayat is contrary to any law or contrary to the circular issued by the State of Gujarat. I do not find any merit in this petition and hence, the same stands dismissed.

(A.J.DESAI, J) PALAK Page 2 of 2