MULJI GOVIND MISTRY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Assistant Government Pleader Mr. Dhawan Jayswal waives service of notice of Rule on behalf of the respondent-State.

(2.) Learned advocate Mr. Vimal A Purohit appearing for the petitioner has submitted that the impugned order dated 26.05.2016 passed by the Collector, Kachchh is required to be quashed and set aside since the same is vague and does not relate to the land which the authorities have mentioned therein. He has submitted that the petitioner had earlier approached this Court and after various orders passed by this Court, necessary exercise was carried out by the respondent authorities and a map was prepared by the District Inspector of Land Record (DILR) on 26.06.2015 specifying the land of the present petitioner bearing survey No. 568/paiki 58 of village Madhapar, Taluka Bhuj, District Kachchh. He has submitted that as per the aforesaid map, it cannot be said that the petitioner does not have any land and the respondents may be directed to pass consequential order deleting the land from " doob land". In support of his submission he has placed reliance on the entries made in the Village Form No. 6 as well as 7/12 extract, where the name of the petitioner reflects in the survey no. 568/paiki 58.

(3.) Learned advocate Mr. Purhoit has also invited the attention of this Court to the report dated 02.05.2014 prepared by the Circle Officer, Bhuj which was forwarded to the Mamlatdar, Bhuj-Kachchh in which the name of the petitioner figures in the revenue record qua survey no. 568/paiki 58. Thus, he has submitted that despite the said position and the name of the petitioner is reflected in the village Form No. 6 as well as in 7/12 extract, the respondent-Collector, Kachchh, by the impugned order dated 26.05.2016 has disbelieved the evidence by stating that the land of the petitioner is at a far away distance and did not approve at the place where the petitioner is ascertained.