1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-
"(A) This Honourable Court may be pleased to issue a writ of certiorari or in the nature of certiorari or mandamus or any other appropriate writ, direction or order calling for the record and proceedings of the Remand Case No.11/10-11 from the City Survey Superintendent, Bhavnagar and after perusing the same be pleased to quash and set aside the order dated 30 November 2011 declaring the land bearing Ward No.5 city survey no.1868/A-1 admeasuring 1850 sq. mts. as government land and be pleased to declare that the same is of the ownership of the petitioner.
(B) Be pleased to pass such other and further orders as may deem just and proper in the facts and circumstances of the case.
(C) During the admission, pendency and final disposal of the petition, be pleased to stay the operation, implementation or operation of the order dated 30 November 2011 declaring the land bearing Ward No.5 city survey no. 1868/A-1 admeasuring 1850 sq. mts. as government land passed by the City Survey Superintendent Bhavnagar in Remand Case No.11/10-11.
(D) Be pleased to award cost of the petition."
2. It transpires from the prayers prayed for that the petitioner has challenged the order passed by the City Survey Superintendent dated 30.11.2011 (Annexure-E to the petition). The petitioner has an efficacious remedy by way of filing an appropriate proceedings before the Collector and therefore, the present petition is not entertained at this stage. It is evident from the record of the petition that earlier the petitioner himself had approached the District Collector by way of filing a revision which came to be allowed and the matter was remanded back to the City Survey Superintendent. The petition is, therefore, not entertained and dismissed in limine at this stage with no order as to costs.
[R.M.CHHAYA, J.] mrpandya Top