IN THE HIGH COURT OF GUJARAT AT AHMEDABAD DISTRICT: - AHMEDABAD

MISC. CIVIL APPLICATION NO. IN

OF 2011

SPECIAL CRIMINAL APPLICATION NO.-1697 OF 2010 IN MISC. CIVIL APPLICATION NO-617 OF 2010

GORABHAI BOGHABHAI ZAPADA, Residing at Village Aniyali(Kathi), Taluka Ranpur, District Ahmedabad, .APPLICANT Ori. Petitioner VERSUS (1) THE STATE OF GUJARAT (Notice to be served upon The Secretary, Panchyat Department Sachivalaya, Gandhinagar) (2) THE COLLECTOR Ahmedabad. (3) PRANT OFFICER AND SUB-DIVISIONALMAGISTRATE Ahmedabad., (4) DISTRICT DEVELOPMENT OFFICER, Ahmedabad.

(5)

DISTRICT SUPRITENDENT OF LAND RECORDS, (D.I.L.R) Ahmedabad RESPONDENTS

MISC. CIVIL APPLICATION THE. CONTEMPTOF COURT ACT,1972, TO, THE HON'BLE CHIEF JUSTICE AND OTHER HON'BLE JUDGES OF THE HIGH COURT OF GUJARAT AT AHMEDABAD. THE HUMBLE APPLICATION OF THE APPLICANT ABOVENAMED.

MOST RESPECTFULLY SHEWETH THAT :(1) The applicant is national and citizen of India the applicant and surrounding villagers are engaged in cattle rearing activity and doing agricultural work. The

livelihood of the applicant and their family members so also of the all villagers, depends upon the income generated from the above mention sources, therefore he is entitled to avail the protection guaranteed under the fundamental right and other rights enshrined under the constitution of India. (2) Brief facts of the case are as under:-

(2.1) the present applicant is agriculturist and shepherd and local resident of the Village Aniyani (Kathi) TalRanpur Dist- Ahmedabad. (2.2) The applicant respectfully state and submits that the survey No- 90 117/1P,117/2P has been earmarked for the purpose of using it as Gauchar land by the State Government, from time in memorial the applicant and their fore father have been grazing their cattle. A copy of the Village Forms No-8 showing that above mention land is earmarked as Gauchar land Annexure A. (2.3) the applicant respectfully state and submits that the applicant and local resident are make so many oral as well as written application that copy of the application and reply of the Respondent offices are here with Annexure-B. (2.4) the present applicant respectfully state and submits that applicant also produce a Photo-Graphs of the Encroachments in the Gauchar Land But respondent authority had not taken any action and that application is pending without and justifiable reason. Those PhotoGraphs are here annexed as ANNEXURE C. (2.5) The applicant respectfully state and submits that applicant also produce certificates of the cattle a copy of the is here

population from Milk Co-operative Society and Gram

Panchyat that there is 800-900 cattle in the village that Certificates is hereby annexed ANNEXURE D. (2.6) the applicant respectfully state and submits that applicant also produce a Affidavits of the Villagers about the encroachment in the Gauchar land of the local resident copies are here as ANNEXURE E (2.7)The applicant respectfully state and submit that the present applicant preferred Special Civil Application No.1697 of 2010 before this Honourable Court, in that petition Honourable (Coram: Honourable Mr. Justice M.R. Shah) has passed an order dated 25.02.2010 to direct respondent authority to remove encroachment from the above mentioned land and also given direction that above land are used only for the purpose of the Gauchar. A copy of the order passed by this Honourable Court is here ANNEXURE: F. (2.8)The applicant respectfully state and submit that after order passed by this Honourable Court some of the villagers preferred Misc. Civil Application for review of the order dated 25.02.2010. (2.9) The applicant respectfully state and submit that in that Misc. Civil Application No.617 of 2010 Honourable Court passed the order after giving opportunity to the applicants inquiry shall be conducted after measurement is done by the office of the D.I.L.R., Ahmedabad to survey and take measurement of the land of the encroacher

within a four week from 23.03.2010, and if any encroachment in Gauchar land is found they shall be removed, a copy of the order passed by this Honourable Court in M.C.A. No.617 of 2010 is here ANNEXURE: G. (2.10)The applicant respectfully state and submit that after the order passed by this Honorable Court to remove the encroachment on the Gauchar land present applicant made many application to the respondent authority, but no action has been taken. Copies of the applications dated 08.04.2010, 18.06.2010 and 09.07.2010 are here ANNEXURE: H. (2.11) that the applicant respectfully states and submits that the applicant prefer Special Civil Application No12854 of 2010 before this Honble court and Honble court passed order that the grievance of the applicant is non-compliance of the order so it will be appropriate for the applicant to file contempt proceeding. A copy of the order passed by this Honble court in S.C.A No-12854 of 2010 is here as ANNEXURE_I. (3) The applicant states and submits that applicant the respondents did not comply with the order passed by this Honble court but and the after petitioner made many neither

applications

respondents

authority

remove the encroachment in the Gauchar land nor completed the measurement as per the direction of this Honble court.

(4)

The applicant respectfully states and submits that after order passed by the Honble court, as per the knowledge of the applicant, that the applicant in Misc. Civil Application No-617 of 2010 are not paid amount of the measurement as per direction of this Honble court so the DILR are not give the measurement sheet, and

encroachment in the Gaucher land are not removed as per the time specified in the order of this Honble court so there is clear violation and breach of order of this Honble court. So on that ground be pleased to consider in that interest of justice. (5) the applicant respectfully say and submits that

Respondents-Authority willfully and deliberately disobey the order of this Honble court so on that ground be pleased to consider in the interest of justice. (6) The applicant has not filed any other appeal, application or petition on this subject matter either in this Hon'ble Court or in any other court in India including the Hon'ble Supreme Court of India except above mention. (7) The applicant has no other alternative efficious remedy but to approach this Hon'ble Court by way of this application. (8) The applicant crave leave to add, alter, delete, substitute, amend and /or rescind any of the grounds mentioned hereinabove.

(9)

The applicant, therefore, prays that (A) Be pleased to admit and allow this Misc. Civil Application. (B) BE pleased to take appropriate action against Respondents-Authority under the Contempt of

Court Act,1972 for non-compliance of the order passed by this Honble Court in Special Civil Application No-1697 of 2010 and Misc.Civil

Application No-617 of 2010 in the interest of justice. (C) BE pleased o direct Respondents-authority to comply the order passed by this Honble court in

Special Civil Application No-1697 of 2010 and Misc.Civil Application No-617 of 2010 within some reasonable time in the interest of justice. (D) Pass such other and further orders as may deem fit in the interest of justice.

Place: - Ahmedabad Date :-03-2011 (VIJAY H. NANGESH) ADVOCATE FOR THE APPLICANT AFFIDAVIT I, Gorabhai Bhogabhai Zapada, applicant hereinabove; do hereby solemnly affirms and declares on oath that

What are stated in this application is quite true and correct and I believe it to be true. The facts of the case

and the same are true and correct to the best of my knowledge, information and belief.

Solemnly affirmed on this________day of March2011 at Ahmedabad.

----------------------Identified by Me DEPONENT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD DISTRICT: -JAMNAGAR MISC. CIVIL APPLICATION NO. IN SPECIAL CRIMINAL APPLICATION No-1275 of 2009 OF 2010

BHANUMATIBEN .APPLICANT

MANISH

GHAVADA

VERSUS MANISH NARESHBHAI GHAVADA & OTHER RESPONDENTS INDEX Sr. No. 1. 2 A Memo of Petition A copy of Order in Annexure Particulars Pages No.s From To

Special

Criminal

Application No-1275 of 2009. 3 B A Copy of the Receipts.

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD DISTRICT: -JAMNAGAR MISC. CIVIL APPLICATION NO. IN SPECIAL CRIMINAL APPLICATION No-1275 of 2009 OF 2010

BHANUMATIBEN .APPLICANT

MANISH

GHAVADA

VERSUS MANISH NARESHBHAI GHAVADA & OTHER RESPONDENTS LIST OF EVENTS That applicant is legally wedded wife of the Respondent No-1 and respondent is residing and citizen of United KingdomLeicester. After marriage with applicant for some day respondent No-1 treat well there after quarrel with the applicant in little and trivial matters and physically and mentally torture to the applicant.

13-07-2009

that when the above mention Special Criminal Application is came before hearing of this Honble court on that time the passport of the Respondent No1 was handed over on condition that Respondent No-1 shall file under taking before this Honble court to the effect that he shall pay maintenance of

Rs.2000/- per month to the applicant regularly without any default and

furnish a security in sum ofRs.50, 000/-. . that applicant the respondent did not comply with the order passed by this Honble court and after getting passport Respondent No-1 is residing in United Kingdom with his family and as per the Honble Court order Respondent Pay maintenance amount in Month July2009 Auguest-2009 and September2009, there after Respondent No-1 is not paid any single piney till today and no response came from Respondent it is very difficult to live the applicant. Hence, File this Application.

Print
SCA/12854/2010 1/1 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CIVIL APPLICATION No. 12854 of 2010 =========================================================

GORABHAI BOGHABHAI ZAPADA - Petitioner(s) Versus STATE OF GUJARAT THROUGH SECRETARY & 3 - Respondent(s) =========================================================
Appearance : MR VIJAY H NANGESH for Petitioner(s) : 1, MR PRANAV DAVE, ASSTT GOVERNMENT PLEADER for Respondent(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 1 - 2. UNSERVED-REFUSED (N) for Respondent(s) : 3, MR HS MUNSHAW for Respondent(s) : 4,

========================================================= CORAM : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI Date : 19/11/2010 ORAL ORDER

1. As the grievance agitated in this petition is noncompliance of order passed by this Court in Special Civil Application No.1697 of 2010 dated 25.2.2010, it will be appropriate for the petitioner to file contempt proceedings. With this observation, the petition is disposed of. 2. At the request of learned advocate Mr. Nangesh for the petitioner, it is clarified that non-entertainment of this petition does not mean that the petitioner has no case on merits. The Court has not gone into the merits.

(RAVI R.TRIPATHI, J.)

omkar

Top