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2009 DIGILAW 39 (GUJ)

Vira Vija Sondharwa v. Collector of Junagadh

2009-01-28

C.K.BUCH

body2009
Judgment C.K. Buch, J.—Mr. S.V. Parmar, learned Counsel appearing for the petitioners is absent when the matter is called out. The petition could have been dismissed for want of prosecution, but when it is possible for the Court to deal with the petition on merit with the assistance of Mr. Sunil S. Joshi, learned AGP and as the petition has been admitted by this Court by issuing Rule, this Court is inclined to deal with the petition on merit. 2. The petition is under Article 226 read with Articles 14, 15, 19 and 46 of the Constitution of India. The petitioner Vira Vija Sondharwa in the capacity of President of Gujarat Harijan Vikas Parishad of village Ramalechi of Talala Taluka, District-Junagadh, has prayed for issuance of appropriate writ, direction or order, mainly in terms of Para 7[A], [B] and [C] of the petition. Say of the petitioner is that cultivable waste land admeasuring 500 Acres of Survey No. 86 of village Ramalechi, Taluka-Talala, District-Junagadh is lying vacant and the land could have been allotted for cultivation to Harijans residing in the very village and surrounding villages as per the State policy issued as per Government Resolution dated 01.03.1960. It is also contended that as per the policy of the government, the government can allot land up to economic holding, i.e. of 16 Acres. Practically, all families are landless labourers and they are being exploited and are belonging to Scheduled Caste. It is contended that 9 persons have encroached over the land and no steps are being taken and therefore, it would be appropriate for the government to allot land to the members of the petitioner Association, i.e. Gujarat Harijan Vikas Parishad having their residences in village Ramalechi and other neighbouring villages. Grievance of the petitioner is that ignoring the policy of the government, Gram Panchayat, Ramalechi passed a resolution on 08.01.1985 to transfer the land admeasuring 502 Acres and 14 Gunthas of Survey No. 86 of village Ramalechi and the revenue authorities, without making any inquiry as to whether any family belonging to Harijan community of village Ramalechi and all surrounding villages are in need of cultivable waste land, transferred the land to the forest department and now, the forest department is claiming that the land is forest land and the same is not allottable to anybody as cultivable waste land. It is the say of the petitioner that they had received a communication, i.e. copy of the Caveat application preferred by the District Government Pleader, Junagadh, District Court, Junagadh contending that some Harijan families and other persons have illegally encroached upon the land and the government authorities are contemplating action to get the encroachment vacated and therefore, if any party approaches the Civil Court and prays for ad-interim prohibitory relief, then, the State Government may be heard. Copy of this Caveat application dated 28.09.1987 is attached to the present petition as Annexure-C. 3. The State Government has resisted this petition and Mr. Sunil S. Joshi, learned AGP has drawn attention of this Court to the contents of the affidavit filed on behalf of Respondent No. 4. It is averred by the Respondent No. 4 that the land, especially the land referred to by the petitioner bearing Survey No. 86 of village Ramalechi cannot be allotted to anyone else as the same was declared forest land in the year 1963. It is further submitted by Mr. Joshi that subsequent procedure, even if is found to be followed, then, the same has no relevance. No land can be allotted without prior permission of the State Government to anybody. It is averred in the affidavit that as per the revenue record, the lands in question are shown as protected forest land. It is the say of the Respondent No. 4 that in January, 1963, State of Gujarat issued a notification under Section 4 of the Indian Forest Act, under which Survey Nos. 75, 76, 82, 86 [relevant for the purpose of the present petition], 87, 109 and 122 of village Ramalechi, Taluka-Talala, have been declared as forest land. Copy of the notification has been tendered by Mr. Joshi for perusal of the Court referred to in para-5 of the reply affidavit. It is rightly submitted that the petitioner has no locus standi. If the Collector, Junagadh has passed any order of allotment of the land covered as reserve forest, it is without jurisdiction and authority. According to Mr. Joshi, the very land has been declared as protected forest on 08.01.1975 and the copy of the notification published is also tendered by Mr. Joshi referred to in Para-12 of the reply affidavit. As such, according to Mr. According to Mr. Joshi, the very land has been declared as protected forest on 08.01.1975 and the copy of the notification published is also tendered by Mr. Joshi referred to in Para-12 of the reply affidavit. As such, according to Mr. Joshi, there is no merit in the petition and the reliefs framed in Para-VII[A], [B] and [C] of the petition or any of the reliefs cannot be granted. 4. On plain reading of the petition, if closely looked, the same is based on vague averments and alleged right flowing from some policy resolution passed by the government, which has no application qua the land declared as reserve forest and/or protected forest. If the petitioner has any grievance against the declaration made by the government in two different notifications, i.e., notification published in the year 1963 and subsequent notification dated 08.01.1975, then, they could have approached the competent authority. The order of the authority is also appealable as mentioned in the notification issued in the year 1963. There is no merit in the petition, therefore, the same is required to be dismissed and the same is dismissed. 5. It appears that because of the Caveat application filed by the District Government Pleader, Junagadh District Court, the petitioner approached this Court by filing writ petition so that they can avoid efficient battle in Civil Court at Junagadh in the presence of the officers stationed at headquarters at Junagadh of the office of Respondent No. 4 and other forest officials of the Government of Gujarat and Collectorate of District Junagadh. But this Court is not concerned as to how and why the petitioner approached this Court by moving the present petition. This is not a case wherein the Court should invoke constitutional jurisdiction as there is no merit in the petition. The petition is, therefore, as stated above, dismissed. Rule is discharged. Interim relief, if any, is vacated. 6. Before parting with the order, it is necessary to observe that the respondent could have been awarded cost from the petitioner for approaching this Court on totally unsustainable ground, but as the petitioner belongs to Scheduled Caste and has posed himself to be representative of members of Scheduled Caste, the Court is not inclined to award any cost.