- (1.)By way of this petition, the petitioner has prayed for the following reliefs :-
"[A] YOUR LORDSHIPS may be pleased to admit the aforementioned petition;

[B] YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other writ, order and/or direction under Article 226 of the Constitution of India, declaring inaction on the part of the respondents is illegal, unjust, arbitrary, violative of Articles 14 and 21 of the Constitution of India, declaring inaction on the part of the respondents is illegal, unjust, arbitrary, violative of Articles 14 and 21 of the Constitution of India, and further be pleased to direct the official respondents to remove illegal encroachment that have been made by the private respondents as explained in this petition within shortest stipulated period and

(C) YOUR LORDSHIPS may be pleased to further be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other writ, order and/or direction under Article 226 of the Constitution of India directing the concerned authority of the official respondents to see that, in future again no encroachment and/or taking or illegal electric wiring/connection takes place after removal thereof;

(D) YOUR LORDSHIPS may be pleased to grant an interim relief directing the official respondents to remove illegal encroachment and/or illegal electric wiring/connection during the pendency and final disposal of the present petition before this Honourable Court, in the interest of justice;

(E) YOUR LORDSHIPS may be pleased to grant any interim relief directing the private respondents to remove the encroachments they have made and/or illegal electric wiring / connection they have taken during the pendency and final disposal of the present petition before this Honourable Court, in the interest of justice;

[F] YOUR LORDSHIPS may be pleased to grant interim relief in terms of afore stated prayer clauses (D) and (E); (G) YOUR LORDSHIPS may be pleased to pass any other and further order(s) and grant any other and further relief(s) that may be deemed fit, just and proper in the facts and circumstances of the present case."

(2.)The case of the petitioner is that he is the residence of Mukam Mitana, Taluka : Tankara, District : Morbi and having a shop in the name of Taqdir Tyre Puncture situated near Morbi Cross Road on Rajkot Morbi Highway. Surprisingly, the petitioner is the shop owner and he wants the removal of encroachment between 31.0 to 32.0 kilometer for which the respondents i.e. Irrigation Department and Road and Building Department has already issued notices to those who have allegedly done the encroachment. Those notices dtd. 26/9/2019 are produced in the petition on page No.64 onward. Irrigation Department has given notices on 26/9/2019 whereas Road and Building Department has issued notices on 29/9/2019.
(3.)Learned Assistant Government Pleader Mr. Meet Thakkar appearing for the respondent - State assures this Court that pursuant to the notices, after following due procedure, the authorities shall take actions prescribed under the law. However, considering the fact that the petitioner has prayed for removal of encroachment in a patch of one kilometer, he said that all those persons would be required to be heard and therefore, he is not in a position to give any specific timeline for implementation of notices.