Gujarat court orders FIR against ex-sarpanch, 3 govt officials over demolition of toilet, bathroom

Mehsana: A court in Gujarat on Saturday ordered a criminal case against the then taluka development officer, ex-sarpanch and two others for allegedly illegally demolishing the toilet and bathroom of a man’s house in the Mehsana district.

The accused had got the construction at Brahmanwada village razed claiming that the complainant had built them on panchayat land.

The judicial magistrate first class at Chanasma, Umarkhan Pathan, allowed a criminal inquiry after finding sufficient grounds to initiate proceedings against the four individuals.

Complainant Babubhai Chaudhary had moved the court seeking action against the accused persons for the illegal demolition that he said caused him financial loss. He accused them of misuse of power.

The demolition was carried out in February 2023 without any notice and despite that the matter concerning it was pending in the Gujarat High Court.

The court issued a process (formal action) under CrPC (Code of Criminal Procedure) and ordered the filing of a criminal case concerning misuse of power by a public servant, criminal trespass and causing damage to property under the Indian Penal Code (IPC).

Under section 204 of CrPC, a magistrate can issue summons or a warrant if they think there is enough evidence to proceed with an offence.

The court passed its order against the former sarpanch, talati, circle survey officer and the then taluka development officer of Brahmanwada village after taking into account witness testimony and documentary evidence.

It observed that the accused persons misused their authority through illegal demolition and took the law into their own hands despite knowing that the matter was pending before the HC.

Complainant Chaudhary had an old house with a bathroom opposite the Brahmanwada village panchayat office which he demolished and made a smaller house with a toilet and bathroom in front of it.