ASHOKBHAI DHARMASHIBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present group of writ petitions, the petitioner has prayed for quashing and setting aside the orders passed by the City Mamlatdar, Bhavnagar as well as the Assistant Collector, Bhavnagar.

(2.) Mr Rajesh O. Gidiya, learned advocate appearing for the petitioner in all the matters, submits that appeals/revision applications against the order of the Assistant Collector, are filed and pending consideration before the Collector, Bhavnagar, however, the petitioner was compelled to file the present writ petitions because of the notice dtd. 15/1/2022 issued by the office of the City Mamlatdar & Executive Magistrate, requiring the petitioner to remove the alleged encroachment of the petitioner.

(3.) It is submitted that the appeals/revision applications of the petitioner are pending, which could not be heard for no fault of the petitioner and without awaiting for the outcome of the appeal/revision applications, the notice has been issued. Mr Gidiya, learned advocate states that till the appeals/revision applications are decided by the Collector, the petitioner be protected inasmuch as, the petitioner has been there on the land in question since last 38 years.