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Bombay High CourtWP/7779/2019dismissed

Shri. Rama Lakha S/O. Lakha Deva v. The Collector, Diu And ORS

2019-07-23Hon'Ble Shri Justice Nitin W. Sambre17 pages

Bharat D. Pandit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Bharat D. Pandit Date: 2019.08.01 12:29:41 +0530 CIVIL APPELLATE JURISDICTION Writ Petition NO. 7735 OF 2019 Amrutben Soma Solanki D/o.

Soma Shankar Solanki

...Petitioner(s)

...Respondent(s)

Writ Petition NO. 7736 OF 2019 Smt. Dhaniben Lakhman

...Petitioner(s)

The Collector, Diu And Ors.

Writ Petition NO. 7737 OF 2019 Kantaben Ukarda W/o. Ukarda Lakhman Bamania And Anr Writ Petition NO. 7739 OF 2019 Shri. Meghji Bhikha Chavda And Anr.

The Collector Diu And Ors.

1/17

Writ Petition NO. 7740 OF 2019 Shri. Lakhman Jiva The Collector, Diu And Ors.

Writ Petition NO. 7741 OF 2019 Lakhiben Kanji The Collector, Diu And Ors.

Writ Petition NO. 7742 OF 2019 Smt. Sona Karsan Charania Anr.

The Collector, Diu And Ors.

Writ Petition NO. 7743 OF 2019 Ramiben Rama

...Petitioner(s)

The Collector, Diu And Ors.

Writ Petition NO. 7744 OF 2019 Shri. Hira Ruda Bamania ...Petitioner(s) The Collector, Diu And Ors. ...Respondent(s) 2/17

Writ Petition NO. 7746 OF 2019 Manjula Soma Chavda W/do. Soma Harji Chavda

...Respondent(s)

Writ Petition NO. 7747 OF 2019 Smt. Mani Bhikha Bamania D/o. Karsan Raja Writ Petition NO. 7749 OF 2019 Jiva Lakhman Solanki S/o. Lakhman Solani Writ Petition NO. 7750 OF 2019 Ratan Ukarda The Collector, Diu And Ors.

Writ Petition NO. 7752 OF 2019 Shri Ramji Punja Charaniya The Collector, Diu And Ors.

3/17

Writ Petition NO. 7754 OF 2019 Ratanben Soma The Collector, Diu And Ors.

Writ Petition NO. 7755 OF 2019 Shri. Ramji Megha Bariya The Collector Diu And Ors.

Writ Petition NO. 7757 OF 2019 Laxmiben Vaju Bamaniya And Anr.

The Collector Diu And Ors.

Writ Petition NO. 7758 OF 2019 Shri. Chhagan Varjang The Collector Diu And Ors.

Writ Petition NO. 7759 OF 2019 Shri. Nathu Harji Solanki Writ Petition NO. 7763 OF 2019 4/17

Smt. Sona Harji Charania The Collector Diu And Ors.

Writ Petition NO. 7764 OF 2019 Vira Karsan The Collector, Diu And Ors.

Writ Petition NO. 7766 OF 2019 Shri. Vira Bhikha The Collector Diu And Ors.

..Respondent(s) Writ Petition NO. 7769 OF 2019 Smt. Rajiben Karsan The Collector Diu And Ors.

Writ Petition NO. 7772 OF 2019 Ramji Harji Chavda S/o. Harjibhai Chavda Writ Petition NO. 7774 OF 2019 Lakhiben Lakhman Solanki Wd/o Lakhman Nathu Solani 5/17

Writ Petition NO. 7775 OF 2019 Sonaben Lakhman Solanki The Collector, Diu And Ors.

Writ Petition NO. 7776 OF 2019 Shri. Lakhman Ramji Bamania Wd/o. Ramji Raja Bamania Writ Petition NO. 7777 OF 2019 Shri. Ramaji Karsan Solanki Writ Petition NO. 7778 OF 2019 Shri. Raja Bava Solanki S/o Bava Jiva Solanki Writ Petition NO. 7779 OF 2019 Shri. Rama Lakha S/o. Lakha Deva 6/17

Writ Petition NO. 7780 OF 2019 Kaliben Soma W/o. Soma Karsan Writ Petition NO. 7781 OF 2019 Raja Varjang Kaitanno The Collector, Diu And Ors.

Writ Petition NO. 7782 OF 2019 Valuben Rama Solanki S/o. Rama Shankar Solanki Writ Petition NO. 7783 OF 2019 Shri. Jiva Rama Bariya The Collector, Diu And Ors.

Writ Petition NO. 7784 OF 2019 Smt. Hiruben Babu 7/17

The Collector, Diu And Ors.

Writ Petition NO. 7785 OF 2019 Vira Jiva Bamania S/o. Jivabhai Bamania ...Petitioner(s) Writ Petition NO. 7787 OF 2019 Ramji Deva Kaitanno And Anr Writ Petition NO. 7788 OF 2019 Kaliben Deva Chavda Writ Petition NO. 7789 OF 2019 Smt. Ratanben Rama W/o. Rama Jiva Writ Petition NO. 7791 OF 2019 Raja Bhagwan Chavda 8/17

Writ Petition NO. 7792 OF 2019 Maniben Bhagwan Writ Petition NO. 7793 OF 2019 Laduben Rama Wd/o. Rama Karsan Writ Petition NO. 7795 OF 2019 Shri. Ramji Jiva Solanki The Collector Diu And Ors.

Writ Petition NO. 7796 OF 2019 Shri. Samji Jiva Charaniya The Collector Diu And Ors.

Writ Petition NO. 7797 OF 2019 Ramji Nathu Solanki The Collector Diu And Ors.

9/17

Writ Petition NO. 7799 OF 2019 Shri. Babu Nathu Bariya The Collector Diu And Ors.

Writ Petition NO. 7800 OF 2019 Smt. Jivi Lakhman Bamania Wd/o Lakhman Rama Bamania Writ Petition NO. 7801 OF 2019 Smt. Somi Dhanji D/o. Punja Harji

...Respondent(s)

Writ Petition NO. 7802 OF 2019 Shri. Lakhman Rama Chavda Writ Petition NO. 7804 OF 2019 Sona Punja Bamaniya 10/17

Writ Petition NO. 7805 OF 2019 Maniben Ramji Writ Petition NO. 7806 OF 2019 Shri.Rama Bhikha S/o. Bhikha Punja Writ Petition NO. 7807 OF 2019 Smt. Diwaliben Dinesh Bamania Writ Petition NO. 7808 OF 2019 Shri. Ramji Raja Bamania S/o. Raja Lakhman Bamania Writ Petition NO. 7810 OF 2019 Smt. Rajiben Bhagvan Bamania Wd/o. Bhagvan Varjang Bamania 11/17

Writ Petition NO. 7811 OF 2019 Nathu Karsan S/o. Karsan Bhukhe Writ Petition NO. 7813 OF 2019 Shri. Deva Rama Solanki S/o. Ramabhai Solani Writ Petition NO. 7814 OF 2019 Raniben Lakhman Charaniya Wd/o Lakhman Charaniya Writ Petition NO. 7815 OF 2019 Shri. Bhikha Sidi Bamania S/o. Sidi Bamania Writ Petition NO. 7816 OF 2019 Shri. Lakhman Varjang 12/17

The Collector, Diu And Ors.

Writ Petition NO. 7817 OF 2019 Shri. Rama Sidi The Collector, Diu And Ors.

Writ Petition NO. 7818 OF 2019 Rama Lakhan Bamaniya And Anr.

The Collector, Diu And Ors.

Writ Petition NO. 7819 OF 2019 Shri. Chhagan Nathu Charania The Collector, Diu And Ors.

Writ Petition NO. 7821 OF 2019 Shri. Ratilal Harji Bamania And Anr.

The Collector, Diu And Ors.

Writ Petition NO. 7823 OF 2019 Shri. Bhagwan Sidi The Collector Diu And Ors.

13/17

Writ Petition NO. 7824 OF 2019 Shri. Ramji Varjang (since Decd.) Through Lrs. Shri. Nanji Ramji The Collector Diu And Ors.

Writ Petition NO. 7825 OF 2019 Soma Sidi Bamania The Collector Diu And Ors.

Writ Petition NO. 7826 OF 2019 Smt. Sona Jiva Bamania The Collector Diu And Ors.

Writ Petition NO. 7827 OF 2019 Shri. Lakhman Rama The Collector Diu And Ors.

Writ Petition NO. 7828 OF 2019 Chhagan Varjang Chavda S/o Varjangbhai Chavda 14/17

CORAM:

NITIN W. SAMBRE, J.

DATED:

23rd July, 2019 PC:- 1] Since a common issue is raised in all these Petitions, for the convenience, facts in Writ Petition No.7799 of 2019 are taken into consideration for disposal of the Petitions.

2] In all these Petitions, order passed at Exhibit-5 by the Tribunal, thereby rejecting the prayer of the Petitioner for grant of temporary injunction is the subject matter of challenge. 3] At the outset, learned Counsel for the Respondents submits that on 12/07/2019 possession from the Petitioners of land in question is already taken by the Forest Department and since the land Survey No.39/0 (P) being barren land, same is already fenced and is being put to use for Forest.

4] Since the statement is made by learned Counsel for the Respondents on instructions, same is taken on record. 5] In the aforesaid background, submissions of the learned Counsel Mr. 15/17

Mali, appearing on behalf of the Petitioners are, in 1986, proceedings were initiated against all these Petitioners and the order dated 14/11/1986 came to be passed, thereby declaring the Petitioners as encroachers on the aforesaid survey number. He would urge that the said order was never communicated to the Petitioners and the same is found to be a basis for issuance of notice on 27/09/2017. According to him, based on the aforesaid, Respondents initiated separate eviction proceedings in which the Petitioners sought protection of their possession over the land in question, particularly in the backdrop of pleadings that the Petitioners are in possession of the land in question for more than 100 years. This prayer of the Petitioners is rejected by the order impugned.

6] If the submissions of the learned Counsel for the Petitioners are appreciated, the fact remains that Respondents have come out with a defense that order of declaring the Petitioners as encroachers and they being directed to hand over possession, is taken to its logical end by taking over possession of the property. Apart from above, though the order dated 14/11/1986 is produced on record and as such within the knowledge of the Petitioners, there is no challenge raised against the said order. Apart from this, there is no prayer before the authority below for restoration of possession. That being so, there is no substance in the Petition. All these Petitions, as such, fail and stand dismissed.

7] However, Petitioners are at liberty to move for amendment to the claim for grant of restoration of possession. (NITIN W. SAMBRE, J.) 17/17