DAYABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these petitions are filed under Articles 226 and 227 of the Constitution of India for the purpose of challenging the legality and validity of the order passed by the respondent No.1 dated 18.12.2019, by virtue of which, the revision application filed by the petitioner, being No.2 of 2018, came to be dismissed by confirming the order dated 28.11.2018 passed by the respondent No.2, i.e. the District Collector.

(2.) Since both the petitions are arising out of the same order and the facts are identical in nature, a request is made by both learned advocates to take up the hearing conjointly. Hence, upon request, both these petitions are taken up for final disposal with consent by taking the basic facts from the writ petition, being Special Civil Application No.6207 of 2020.

(3.) The petitioner, stated to have been in occupation of the agricultural land, bearing Revenue Survey Nos.549 and 550 at Mouje Khambhaliya in Dal Vadi area and is holding the land as an absolute owner and occupier and actually cultivating the agricultural land. According to the petitioner, a well is situated in the land adjacent to the land owned by the petitioner, i.e. in Survey No.554, and water from the said well has been drawn to irrigate the crops. According to the petitioner, this arrangement is continuing since generation and water flow from the said well through a field drain of about 12 feet running parallel to boundaries of the agricultural lands bearing Survey No.553 Paiki-1 and 553 Paiki-2 owned by the respondent Nos.5 to 12 and this land of the petitioner is being irrigated through this arrangement since generation. In spite of the aforesaid situation, the respondent Nos.5 to 12 had obstructed this field drain intentionally, which had given rise to filing of the civil proceedings before learned Principal Civil Judge at Khambhaliya and the main Civil Suit is stated to have been pending. By that time, information was received by the petitioner that the respondent Nos.5 to 12 were likely to approach the respondent No.2 for conversion of the land bearing Revenue Survey No.553 Paiki-1 and 553 Paiki-2 from agricultural to non-agricultural. As a result of this, objections have been raised on 10.1.2018 against the said proceedings. Simultaneously, objections have also been raised on 27.12.2017 before Khambhaliya Area Development Authority at Devbhumi Dwarka, including the objections before Mamlatdar, Khambhalia.