Rule. Though served, neither of the respondents has contested the petition. The respondent no. 4 is alleged to have encroached upon the Gauchar land bearing Survey No. 849, admeasuring 3 Acres 35 Gunthas of village Dabhala, Taluka-Vijapur. An application for regularisation made by the respondent no. 4 to the Collector, District-Mehsana, has been rejected on 23rd April, 1998. Nonetheless, till today, the respondent no. 4 has not been evicted from the Gauchar land trespassed upon by the respondent no. 4. Feeling aggrieved, the petitioner, a resident of the village, has preferred the present petition.
Learned advocate Mr. Jani appearing for the respondent Gram Panchayat has submitted that against the above referred order dated 23rd April, 1998, the respondent no. 4 has preferred the Revision Application No. 40/98 before the State Government. In above view of the matter, subject to any interim order/final order made by the State Government in the above referred Revision Application No. 40/98, the respondent no. 2 District Collector, Mehsana, is directed to remove the above referred encroachment on the Gauchar land Survey No. 849 in exercise of powers vested unto him under section 61 of the Bombay Land Revenue Code. The compliance thereof, shall be reported to this court on or before 29th October, 2001.
[Ms. R.M Doshit, J.] JOSHI