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LPA/15/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 15 of 2007
In
SPECIAL
CIVIL APPLICATION No. 11136 of 2006
To
LETTERS
PATENT APPEAL No. 23 of 2007
In
SPECIAL CIVIL APPLICATION No. 11156 of 2006
With
LETTERS
PATENT APPEAL No. 440 of 2007
In
SPECIAL CIVIL APPLICATION No. 22001 of 2006
To
LETTERS
PATENT APPEAL No. 442 of 2007
In
SPECIAL CIVIL APPLICATION No. 22003 of 2006
With
CIVIL
APPLICATION No. 444 of 2007
In
LETTERS PATENT APPEAL No. 18 of 2007
To
CIVIL
APPLICATION No. 449 of 2007
In
LETTERS PATENT APPEAL No. 23 of 2007
=============================================
STATE
OF GUJARAT & 1 - Appellant(s)
Versus
ANTALA
KIRANBEN GOPALBHAI & 14 - Respondent(s)
=============================================
Appearance
:
MR AJ DESAI ASST GOVERNMENT
PLEADER for Appellant(s) : 1 - 2.
MR BM MANGUKIYA for
Respondent(s) : 1 - 11.
- for Respondent(s) : 0.0.0, 12,
- for
Respondent(s) : 13,0.0.0
=============================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 11/05/2010
COMMON
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
The
Development Commissioner passed the order on 12th
May 2006 in exercise of the powers conferred under Section 253 of the
Gujarat Panchayat Act, 1993 for dissolution of the Taluka
Panchayat, Lathi on the ground that the budget estimate was not
approved before 31st
March 2006 and reasons for not passing such budget are not
justifiable. At the instance of the respondents, the learned Single
Judge by order dated 13th
July 2006 while set aside the order dated 19th
May 2006 on the ground that said order was violative of principles of
natural justice, directed the Development Commissioner to reconsider
the matter in light of the observations made by the Court in the said
judgment. An Administrator was allowed to continue to look after the
administration of the Taluka Panchayat till then.
Now,
more than four years having been passed and as new members of the
Panchayat have been elected, nothing subsists in these appeals. The
question raised is not required to be answered in the present case.
All
the Appeals and Civil Applications stand disposed of.
(S.
J. MUKHOPADHAYA, C.J. )
(
AKIL KURESHI, J. )
kailash
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