It is a matter of record that earlier several petitions came to be filed, one of which was filed by the present petitioners and others for removal of encroachment from the lands in question being Revenue Survey Nos.58/P/1 and 991/P/2 situated at Village Dedadara, Tal.Wadhwan, Dist. Surendranagar.
This Court (Coram: Akil Kureshi, J) vide a common order dated 11.07.2008 passed in the aforesaid group of petitions directed the respondents to take all necessary steps to clear encroachment, after following due process of law and also further observed that if the possession is old possession, at least till the monsoon season is over, the same may not be disturbed. It is also provided in the said direction to ensure that small farmers, if they have cultivated some crops, the same may not be damaged midway through monsoon.
It appears from the record and as also pointed out by respondent No.3 that both parcels of lands are "gauchlar land". It further appears from the record that respondent No.3 has filed affidavit-in-reply and further affidavit wherein certain documents are annexed, including panch rojkam dated 09.12.2012. This Court has noticed that in the panch rojkam (at Page 69 of the paper book) wife of Harijan Dhayabhai Khetabhai i.e. Smt.Ratanben Dhayabhai has made a statement that the land in question is not a gauchar land but a Government land wherein some cotton seeds were grown and she has further made a statement that within 10 days the said encroachment shall be removed. Similar statements are found in the panch rojkam of other occupants, which are part of the paper book (Page 69-72). It is also note worthy that by way of a sur-rejoinder the Deputy District Development Officer (Revenue), Surendranagar District has made a categorical statement that the encroachments made upon Revenue Survey Nos.58/P/1 and 991/P/2 are already removed and even photographs are annexed so far as the land bearing Revenue Survey No.58/1 is concerned.
Mr.Rajesh Chauhan, learned advocate appearing for the respondent panchayat authorities drawn attention to the affidavit-in-reply filed by respondent No.4 and upon reading of the panchnama the said encroachments are removed and even a boundary is demarcated. In short, the learned advocate appearing for the respondent panchayat authorities wanted to convey that the directions issued by this Court in the aforesaid common order are carried out.
Mr.Pradeep Patel, learned advocate for the petitioners, has filed a further affidavit. Mr.Patel asserts that still some encroachments are not removed and the aforesaid directions issued by this Court are not carried out in toto.
In order to decide this controversy it is necessary to direct the respondent authorities to carry out a joint survey of Revenue Survey Nos.58/P/1 and 991/P/2 situated at Village Dedadara, Tal.Wadhwan, Dist. Surendranagar in light of the directions issued by this Court in the aforesaid common order dated 11.07.2008 as well as considering the ratio laid down by the the Apex Court in the case of Jagpal Singh & Ors. Vs. State of Punjab & Ors., AIR 2011 S.C.
1123. In order to see that complete picture is brought on record, respondent No.2, District Collector, Surendranagar, shall file a report before this Court, after proper survey as aforesaid along with photograph(s) and also file an affidavit to the effect that whether any encroachment is there on Revenue Survey Nos.58/P/1 and 991/P/2 situated at Village Dedadara, Tal.Wadhwan, Dist. Surendranagar latest by 04.10.2012. S.O. to 05.10.2012. Direct service permitted.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh*