RABARI CHHELA JHAVER, RABARI RAMA JHAVER Vs. STATE OF GUJARAT & 7
LAWS(GJH)-2015-7-228
HIGH COURT OF GUJARAT
Decided on July 31,2015

Rabari Chhela Jhaver, Rabari Rama Jhaver Appellant
VERSUS
State Of Gujarat And 7 Respondents

JUDGEMENT

- (1.) First petition, being Special Civil Application No.2172 of 2008, is jointly filed by five petitioners, and rest are one page petitions by four of them individually except petitioner No.1.
(2.) By the present petitions filed under Article 226 of the Constitution of India, the petitioners have made following prayers:- (A) Your Lordships be pleased to admit and allow this petition; (B) Be pleased to issue appropriate writ, order or direction, directing the respondent authorities to post necessary entries in village form as well as record of rights and in Panchayat records so far as irrigated land of 7 acres gunthas situated in Survey No.95 of village Godarpura, Tal. Amirgadh, District Banaskantha, which had been allotted to practitioners grandfather Rabari Chela Jhaver and his two brothers Rabari Rama Jhaver and Rabari Karsan Jhaver by order/ communication dated 28.6.1963; (C) Be pleased to issue appropriate writ, order or direction, directing the respondent authorities to consider the representations made by the petitioners and legal heirs and representatives of respective family members of deceased Rabari Chela Jhaver, Rabari Rama Jhaver and Rabari Karsan Jhaver; who had inherited the property in question, for entering their names in village form as well as record of rights and revenue records including Panchayat record so far as irrigated land of 7 acres 5 gunthas situated in Survey No.95 of village Godarpura, Tal. Amirgadh, District Banaskantha; (D) Be pleased to issue appropriate writ, direction or order, directing the concerned respondent authorities to take appropriate action for removing respondent Nos.7 and 8, who have encroached upon the land belonging to the petitioners and their family members; (E) Be pleased to grant interim relief and be pleased to direct the concerned respondent authorities to consider the representations made by the petitioners and legal heirs and representatives of respective family members of deceased Rabari Chela Jhaver, Rabari Rama Jhaver and Rabari Karsan Jhaver; who had inherited the property in question for entering their names in village form as well as record of rights and revenue records including Panchayat records so far as irrigated land of 7 acres gunthas situated in Survey No.95 of village Godarpura, Tal. Amirgadh, District Banaskantha (F) . (G) .
(3.) The case of the petitioners is that their grandfather was allotted total land admeasuring 15 acres and 30 gunthas from Survey No.95 of village Gadarpura, Taluka Amirgadh, District Banaskantha in lieu of acquisition of their land for Dantiwada Dam Project in the year 1963. However, in the revenue record, entry only as regards 8 acres and 25 gunthas of land was made in the name of their father though total land of 15 acre and 30 gunthas were required to be entered in the name of their father. It is the further case of the petitioners that though time and again they have made representations to enter their names for remaining 7 acres and 5 gunthas of land in the revenue record, no heed is paid to their representations and therefore, the petitioners have approached this Court.;


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