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SCA/3362/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3362 of 2008
=========================================================
RADHABEN
PUNAMBHAI PARMAR - Petitioner(s)
Versus
DEVELOPMENT
COMMISSIONER & 2 - Respondent(s)
=========================================================
Appearance
:
MR
VM PANCHOLI for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) :
1,
NOTICE SERVED BY DS for Respondent(s) : 1 - 3.
NOTICE SERVED
for Respondent(s) : 2,
MR KIRIT R PATEL FOR MR HS MUNSHAW for
Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 16/07/2008
ORAL
ORDER
Heard
the learned advocates appearing for the parties for final disposal
of the petition.
The
petitioner is Sarpanch of village Tarapur. She has challenged orders
passed by the DDO and uphold by the Development Commissioner,
suspending her from the position of Sarpanch on account of her
alleged involvement in a criminal offence.
Learned
advocate Shri Pancholi for the petitioner stated that the petitioner
has certain documents in her possession which would ex-facie
establish that she is falsely involved in the said case. He however,
conceded that such documents were not placed either before the
Development Commissioner or DDO. Under the circumstances, in the
interest of justice, I find it necessary that the petitioner be
given an opportunity to convince the Appellate Authority after
producing additional evidence that she may have in her possession.
For
the above purpose, appellate order dated 11.2.2008 passed by the
Development Commissioner is set aside. The petitioner shall produced
additional documents within two weeks from today. The Development
Commissioner shall rehear the appeal and pass fresh orders
expeditiously in accordance with law unmindful of this order.
With
these directions, the petition is disposed of.
(Akil
Kureshi,J.)
(raghu)
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