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SCA/6392/2010 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6392 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================
JESABHAI
JIVABHAI CHUDASMA - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================
Appearance
:
MR DM
THAKKAR for
Petitioner(s) : 1,
NOTICE SERVED for Respondent(s) : 1, 3,
MR
NEERAJ SONI, ASSTT. GOVERNMENT PLEADER for Respondent(s) : 1,
MS
KHYATI P HATHI for Respondent(s) : 2,
MR PV HATHI for
Respondent(s) : 2,
MR ANSHIN H DESAI for Respondent(s) :
3,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 29/07/2010
ORAL
JUDGMENT
Rule.
Shri Neeraj Soni, learned
Assistant Government Pleader waives service of notice of Rule on
behalf of respondent No.1. Ms. Khyati Hathi, learned advocate waives
service of notice of Rule on behalf of respondent No.2 and Shri
Anshin Desai, learned advocate waives service of notice of Rule on
behalf of respondent No.3.
1. In
facts and circumstances of the case, with consent of learned
advocates appearing for respective parties, present petition is taken
up for final hearing today.
2. By
way of this petition under Articles 226 and 227 of the Constitution
of India, petitioner herein has prayed for appropriate writ,
direction or order quashing and setting aside the impugned order
dated 26.04.2010 passed by the State Government i.e. Additional
Development Commissioner, State of Gujarat, Gandhinagar in
Revision/Appeal No.20/2010 by which the Appellate Authority has
allowed the said Appeal preferred by the respondent No.3 herein by
quashing and setting aside the order passed by the District
Development Officer dated 18.01.2010 passed under Section 57 of the
Gujarat Panchayat Act, which was passed removing the respondent No.3
as Sarpanch of Khorasa (Gir) Gram Panchayat. Shri D.M. Thakkar,
learned advocate appearing on behalf of the petitioner has vehemently
submitted that if the Appellate Authority was of the opinion that
reasonable opportunity was not given to respondent No.3 by the
District Development Officer and/or the order passed by the District
Development Officer was in breach of principles of natural justice,
in that case, Appellate Authority ought to have remanded the matter
to the District Development Officer for passing appropriate order
afresh after giving reasonable opportunity to all concerned. Shri
Thakkar, learned advocate appearing on behalf of the petitioner has
also tried to submit the case on merits with respect to the
allegations against respondent No.3, however, as this Court proposes
to remand the matter to District Development Officer, Junagadh, for
passing appropriate order afresh after giving opportunity to the
petitioner as well as respondent No.3 and all other concerned
persons, this Court is not further considering the submissions on
merits.
Shri
Anshin Desai, learned advocate appearing on behalf of respondent No.3
has stated at the Bar that respondent No.3 has no objection if the
matter is remanded to the District Development Officer, Junagadh for
considering the proceedings under Section 57 of the Gujarat Panchayat
Act, after giving opportunity to all concerned inclusive of the
petitioner and respondent No.3. He does not invite any further
reasoned order. Under the circumstances, this Court is not further
assigning any reasoned order while modifying the order passed by the
Appellate Authority, impugned in the present petition and remanding
the matter of District Development Officer, Junagadh. Shri Desai,
learned advocate appearing on behalf of respondent No.3 has stated at
the Bar that respondent No.3 shall appear before the District
Development Officer, Junagadh on 9th
August 2010 for making
submissions on merits as he has already filed a reply to the
show-cause notice issued by the District Development Officer,
Junagadh.
3. Shri
Desai, learned advocate appearing on behalf of respondent No.3 as
well as Shri Thakkar, learned advocate appearing on behalf of the
petitioner have jointly submitted that respective parties and/or
other advocates shall make appropriate submissions before the
District Development Officer, Junagadh on 09.08.2010 and let the
District Development Officer, Junagadh pass an appropriate order in
accordance with law and on merits afresh.
4. In
view of the above, present petition succeeds in part. The impugned
order passed by the Additional Development Commissioner, State of
Gujarat dated 26.04.2010 passed in Appeal No.20/2010 is hereby
modified to the extent that matter is remanded to the District
Development Officer, Junagadh for passing appropriate order afresh in
accordance with law and on
merits and after giving an opportunity to the petitioner as well as
respondent No.3 and/or all concerned persons/authorities. Let
respondent No.3 and the petitioner appear either in person or through
advocates before District Development Officer, Junagadh for hearing
on 09.08.2010 as agreed by the learned advocates appearing for
respective parties and let the District Development Officer pass an
appropriate order in accordance with law and on merits and
considering the submissions made on behalf of respective parties.
The aforesaid exercise shall be completed by the District Development
Officer, Junagadh on or before 16.08.2010. Rule is made absolute to
the aforesaid extent. No costs. Direct service is permitted.
(M.R.
Shah, J.)
*menon
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