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Gujarat High Court · body

2016 DIGILAW 2004 (GUJ)

Jayvantsinh Ghoghubhai Jadeja v. State of Gujarat

2016-09-07

SONIA GOKANI

body2016
ORDER : SONIA GOKANI, J. The petitioners are before this Court seeking quashment of the complaint being I-C.R No. 35/2016 registered with Padadhari Police Station under Sections 447 and 379 of the Indian Penal Code. The petitioners are residents of the Village: Khakhar Bela, Taluka: Paddhari, District: Rajkot. It is their case that Survey No. 272, admeasuring 18 acres, of Khakhar Bela village was assigned as grazing land for cattle of the village. A lake has been constructed on the said land. Since, the lake was filled-up with soil, it has become shallow. Therefore, to preserve the water to its fullest level, the Gram Panchayat has given permission to all agriculturists including the present petitioners to take soil from the lake. Such permission is also brought on record. It is the say of the petitioners that the grazing land was insufficient for the cattle of the village and despite that the original complainant purchased a part of the land bearing Survey No. 272, which was never cultivated, the applicant along with other villagers objected to the sell of the said land, and therefore, the complainant with his nephew, who is serving in the Police Department, has lodged the impugned complaint. 2. This Court has heard the learned Advocate, Mr. Jadeja, appearing for the petitioner. 3. According to him, the complainant has no locus standi to lodge the complaint, as the land belongs to Panchayat. He has, further, submitted that the resolution of the Government of Gujarat dated 05.04.2016 makes it very clear that by seeking prior permission of the Dy. Executive Engineer, the villagers were permitted to take away silt from the lake. It is for the best preservation of the water that the government, itself, has come out with this policy. Moreover, this being the land belonging to the Panchayat, the Panchayat alone can challenge the action of the petitioners. 4. Learned Additional Public Prosecutor, Mr. Raval, appearing for the Respondent-State has urged that this being the ‘Gauchar’ land, Sarpanch alone will have no power. There is no resolution of the panchayat and the investigation is going on. This Court may, therefore, not interfere, at this stage. This being a public property, no person would have a right either to give away or to seek permission on individual basis. 5. There is no resolution of the panchayat and the investigation is going on. This Court may, therefore, not interfere, at this stage. This being a public property, no person would have a right either to give away or to seek permission on individual basis. 5. Having heard both the sides and also having considered the material on record, this Court is of the opinion that no interference is desirable, at this stage. 6. The investigation is going on, and therefore, the IO concerned is expected to EXAMINE the matter from all angles, including the angle of Government Resolution dated 05.04.2016 There does not appear to be any resolution of the Gram Panchayat permitting the present petitioners to take away the soil from Survey No. 272, which actually is a ‘Gauchar’ land and also meant for lake for the live-stock of the village to drink water from it. It is also meant for the use of the villagers, and therefore, any attempt on the part of anybody to takeaway the property of the village would put the criminal machinery into motion. No interference, therefore is desirable. However, this does not in any manner would preclude the petitioners from pursing the legal remedies, which is otherwise available to them. The protection granted to the petitioners by this Court shall continue for a period of TWO WEEKS only from today so as to enable them to approach the Court concerned for protection of their personal liberty. If, such an application is made, none of the observations made herein above shall come in the way of the petitioners and the Court concerned shall decide the same on its own merits and in accordance with law. DISPOSED OF, accordingly. Direct service is permitted.