Though board has been revised, none appears for the appellant. We have heard Ms. Jirga Jhaveri, learned Assistant Government Pleader appearing for the respondents. 2. This Letters Patent Appeal has been filed challenging the judgment and order dated 18.7.2011 of the learned Single Judge passed in Special Civil Application No.8276 of 2011 whereby the learned Single Judge dismissed the writ petition filed by the appellant herein – original petitioner.
3. The learned Single Judge has held in paragraph 6 of the judgment as under :-
“6. In my view, this peculiar facts would be required to dissuade any court from granting any indulgence but this type of encroachment and request for regularization itself really unfortunate that the law is being used by this type of petitioner to perpetuate their initial illegal act of encroachment. The act of encroachment was not found to be sufficient and hence, one more attempt for seeking regularization by courts is made by this petition. One can understanding if there had been any policy pointed out in the representation or in the petition, of regularization of this huge encroachment, than, some semblance of right could be inferred. In the instant case, their exists absolute no right much less, enforceable right and hence, in my view, this petition is in fact a sheer abuse of process of law and hence it deserves to be dismissed. The petition being bereft of any merits, deserves dismissal and is dismissed with costs.”
4. Since the appellant has encroached the land and wants regularization of the encroachment, it is nothing but an abuse of the process of the Court. Therefore, we do not find any illegality in the impugned order passed by the learned Single Judge. This appeal is devoid of any merits and it is accordingly dismissed.
In view of dismissal of appeal, Civil Application does not survive and it is accordingly dismissed.
Sd/-
[V. M. SAHAI, J.] Sd/-
[A. J. DESAI, J.] Savariya