SHAMBHUBHAI POPATBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this batch of seven petitions, the petitioners have challenged the order dated 17/18.07.2020 passed under section 61 of the Bombay Land Revenue Code (hereinafter referred to as 'the said Code') passed by the respondent No. 3 ? Mamlatdar and also the notice dated 27.07.2020 issued by him under section 202 of the said Code. All the petitions therefore were heard together and this common order is being passed.

(2.) For the purpose of brevity, the facts of petition being Special Civil Application No. 10495 of 2020 are taken into consideration.

(3.) The petitioner claiming to be in occupation of part of the Government waste land bearing Survey No. 105 paiki admeasuring 10 bighas situated at Nava Madhiya, Taluka and District Bhavnagar, was served with the notice dated 09.07.2020 (Annexure 'F') by the respondent No. 3 calling upon him, to show cause as to why an action should not be taken against him under section 61 of the said Code as the petitioner was in unauthorized occupation of the said land in question. As per the said notice, the hearing of the case was fixed on 13.07.2020. According to the petitioner, he had remained present before the respondent No. 3 Mamlatdar on 13.07.2020, and had requested for some time for filing objections / reply to the said notice taking into consideration the prevailing situation of COVID?19 pandemic, however, the respondent No. 3? Mamlatdar granted only one day's time and kept the hearing on 14.07.2020. On 14.07.2020, the Advocate of the petitioner remained present before the respondent No. 3 and sought time, which was not granted by the respondent No. 3. The respondent No. 3 thereafter passed the impugned order dated 17/18.07.2020 holding that the petitioner was in unauthorized occupation of the land in question and was liable to pay the penalty as stated therein under Section 61 of the said Code. It appears that the respondent No. 3 thereafter issued another notice under section 202 of the Code calling upon the petitioner to remove the encroachment on or before 03.08.2020, further stating that if he failed to do so, the same would be removed by the respondent authority at the risk and cost of the petitioner. Being aggrieved by the said order passed under section 61 and the notice issued under section 202 of the Code, the present petition has been filed. Similar orders have also been passed and notices issued against the other petitioners in the tagged petitions.