SANGHABHAI KALABHAI CHUDASAMA Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
Sanghabhai Kalabhai Chudasama
STATE OF GUJARAT
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Bhargav D Karia,J. -
(1.) Heard learned advocate Mr.H.J. Dholakia for the petitioners and learned Assistant Government Pleader Mr.Kanva Antani for the respondent State through Video Conference.
(2.) By this petition under Article 227 of the Constitution of India, the petitioners have prayed for the following reliefs:-
"[A] YOUR LORDSHIPS may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamuss and be pleased to quash and set aside the order dated 12.10.2020, passed by the Respondent No.2 under section 23 (2) of the Mamlatdar Courts Act, in Revision Application No.03 of 2019-20 at Annexure-A and further be pleased to quash and set aside the order dated 19.09.2018 passed by respondent no.3 under section 5 (1) of the Mamlatdars' Court's Act, 1906 in case no.1 of 2018 at Annexure -C.
[B] Pending admissions, hearing and final disposal of this petition YOUR LORDSHIPS may be pleased to stay the implementation, operation and execution of the order dated 12.10.2020, passed by the Respondent No.2 under section 23 (2) of the Mamlatdar Court Act, in Revision Application NO.03 of 2019-20 at Annexure A and further be pleased to stay the implementation, operation and execution of the order dated 19.09.2018 passed by repsondent no.3 under section 5 (1) of the Mamlatdars' Court's Act, 1906 in case no.1 of 2018 at Annexure C.
[C] That the Hon'ble Court be pleased to pass such other orders which may be deemed to fit and proper in the interest of justice."
(3.) The brief facts of the case are as under:-
3.1 The petitioners are having land being survey no.213 situated at Moje Navagam (Nana) Village, Taluka Ghogha, District Bhavnagar whereas respondent No.4 is having agricultural land being survey no.221/2 situated at Moje Navagam (Nana) Village, Taluka Ghogha, District Bhavnagar.
3.2 Respondent no.4 filed an application before Mamlatdar, Ghogha being Mamlatdar Court/Case No.1/2018 under section 5 of the Mamlatdars' Courts Act, 1906 alleging that the petitioners have obstructed their way in the public way.
3.3 It is the case of the petitioners that by notice dated 21.06.2018, the hearing was fixed on 05.07.2018, which notice came to be served upon the petitioners on 09.07.2008 and therefore the petitioners could not remain present and on the next date of hearing i.e. 19.07.2018, the petitioners remained present and also submitted their written reply.
3.4 After hearing both the sides, respondent no.3 passed an order dated 19.09.2018 whereby respondent no.3 directed the petitioners to remove the alleged obstruction by removing the slope by levelling the land.
3.5 Respondent no.3 issued final notice to remove the alleged obstruction on 09.11.2019. It is the case of the petitioners that since the petitioners had already approached Deputy Collector, Bhavnagar by way of preferring Rev/Mamlatdar Court Revision/case no.03/2019 20 along with delay and stay application and the same was pending, therefore, the petitioners had requested not to execute the order dated 19.09.2018.
3.6 Respondent no.2 rejected the stay application filed by present petitioners by order dated 21.10.2019. However, respondent no.2 allowed the delay application filed by the petitioners by order dated 12.12.2019. 3.7 After considering the reply as well as rejoinder from both the sides as well as after considering the written submissions, respondent no.2 passed the impugned order dated 12.10.2020 upholding the order dated 19.09.2018 passed by respondent no.3 and rejected the revision application filed by petitioners. ;
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