Vijay Manohar Sahai, A.C.J:— This petition in the nature of Public Interest Litigation has been filed by the petitioner for the following reliefs:
“[A] to issue a writ of mandamus or any other appropriate writ, order or direction, directing respondent Nos. 1 to 3 to remove the encroachment from the gauchar land, government waste land, reserved forest area and the land belonging to Irrigation Department at villages Rava, Mothala and Berachiya, Taluka-Abdasa, District-Kutch, as mentioned in annexure-A and be further pleased to direct respondent Nos. 1 to 3 to resume the agricultural holdings of respondent Nos. 4 to 6, which are in excess to the ceiling limit prescribed under the Gujarat Agricultural Lands Ceiling Act, 1960, into the Government forthwith.
[B] to issue a writ of mandamus or any other appropriate writ, order or direction, directing respondent Nos. 1 to 3 to initiate criminal proceedings against respondent Nos. 4 to 6 for grabbing huge parcel of Government land.
[C] pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct the Government authorities to remove the encroachment from the gauchar land, government waste land, reserved forest area and the land belonging to Irrigation Department at villages Rava, Mothala and Berachiya, Taluka-Abdasa, District-Kutch, as mentioned in Annexure-A, and be further pleased to restrain the respondent nos. 4 to 6 from selling, transferring or alienating the lands mentioned in Annexure-A, in favour of any other person.”
2. In relief [A], two reliefs are claimed, namely, for removal of encroachment from the gauchar land and the other, for issuing a direction to respondent nos. 1 to 3 to resume the agricultural holdings of respondent nos. 4 to 6 which are in excess of ceiling limit prescribed under the Gujarat Agricultural Lands Ceiling Act, 1960 into the government forthwith. In absence of any adjudication in the ceiling proceedings, such relief cannot be granted under any provision of the above Act.
3. So far as the relief of encroachment is concerned, the petitioner shall file a representation before the Gram Panchayat who shall take action in accordance with law after affording an opportunity of hearing to all the concerned persons under section 105 of the Gujarat Panchayat Act, and if Gram Panchayat fails to take appropriate action within a period of three months, then, the Taluka Development Officer under the above provision shall take action after affording an opportunity of personal hearing to all the concerned persons.
4. With the above observation, the petition is dismissed as not maintainable with liberty to the petitioner to seek appropriate remedy before the appropriate forum in accordance with law. No costs.