PATEL MADHAVBHAI KHIMAJIBHAI Vs. BALSARA GRAM PANCHAYAT

JUDGEMENT

(1.) Petitioners who are the agriculturist and residents of Balsara Village, Taluka : Tharad, District Balsara, have approached this Court under Articles 226 and 227 of the Constitution of India challenging the inaction on the part of the respondent authorities, alleging they have failed in performing their duties namely respondents have failed to remove the encroachments from the Village limits of Balsara. It is contended that there is a deficiency of adequate grazing land for the cattle of the village and as a consequence of encroachment of 'Gauchar' land, the business of animal husbandry in the village is affected. Averments made in the petition would also disclose that there are countless encroachments on public road, streets and thereby it is causing great hurdle to the public who are using the same. Petitioners are said to have made series of representations to all the respondent authorities in vain and on account of respondent authorities having not taken any action to remove the encroachment, this Public Interest Litigation has been filed seeking for issuance of a writ of mandamus to the respondents to remove illegal encroachments over the village land.

(2.) We have heard Ms. Neelam Chauhan, learned counsel appearing for the petitioners and Mr. K.M. Antani, learned Assistant Government Pleader appearing for respondent 2 and Mr. H. S. Munshaw, learned counsel appearing for respondents 1, 3 and 4. Perused the case papers.

(3.) Petitioners who are the villagers and are residing at Village Balsara have their cattle and their cattle are dependent for grazing on 'Gauchar' lands available. However, on account of said 'Gauchar' lands in the village having been indiscriminately encroached upon by third parties, as a consequence of it, the extent of land available to the village cattle for grazing has got reduced. Hence, espousing their cause, petitioners have submitted representations to various authorities including the respondents herein seeking for removal of said encroachments, which ultimately culminated in submitting a compliant on 7/9/2016 (Annexure-'G') by the present petitioners to the Taluka Development Officer.