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SCA/9897/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9897 of 2008
=========================================================
GRAM
PANCHAYAT, DEODAR & 1 - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance :
MR
VC VAGHELA for Petitioner(s) : 1 - 2.
MR
SATYAM CHHAYA, AGP for Respondent(s) : 1,
None for Respondent(s) :
2 - 4.
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CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 01/08/2008
ORAL
ORDER
1. Petition
is filed by Deodar Gram Panchayat and one of its Members. It is the
case of the petitioners that petitioner No.2 was nominated by the
Panchayat to the Agriculture Produce Market Committee, Deodar by a
resolution dated 7.4.2007. This resolution was challenged by
respondent No.4 before the Appellate Committee of the District
Panchayat under Section 242 of the Panchayat Act. After initially
granting stay against implementation of the resolution, Appellate
Committee rejected the appeal by its order dated 13.7.2007. Against
this order, respondent No.4 has preferred the revision application
before the State Government which is pending before the Secretary,
Panchayat Rural Housing and Rural Development. Pending revision
application, stay has also been granted in favour of the respondent
No.4.
2. Learned
advocate for the petitioner submitted that by virtue of the said
proceedings and stay issued by the Authorities below, the Gram
Panchayat has been left without any representation in the Market
Committee. It is submitted that revision application is not being
finalized since long and the resolution passed by the Panchayat way
back in April, 2007 is not being permitted to be implemented.
3. When
the question of representation of the Panchayat through nomination in
the Market Committee is involved, I find that the issue requires
urgent consideration. Without expressing any opinion on the rival
contention, this petition is disposed of requesting the Secretary to
hear and decide the revision application as expeditiously as possible
and preferably within eight weeks from the date of receipt of a copy
of the order.
(AKIL
KURESHI, J.)
ashish//
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