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SCA/13790/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13790 of
2010
=========================================================
PARSHOTAMBHAI
SAVABHAI RANVA KACHA CHAPRA - Petitioner(s)
Versus
AHMEDABAD
MUNICIPAL CORPORATION - Respondent(s)
=========================================================
Appearance
:
MR
YOGEN N PANDYA for
Petitioner(s) : 1,
MR SATYAM Y CHHAYA for Respondent(s) :
1,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 28/04/2011
ORAL
ORDER
When
the matter is taken up today, Mr. Yogen Pandya, learned advocate for
the petitioner submits that it appears from the affidavit-in-reply
filed by the respondent-Corporation that a Revision Application under
Section 451 of the Bombay Provincial Municipal Corporation Act, 1949,
has been filed by the respondent against the order of the Standing
Committee dated 02.03.2009. It is further submitted that neither has
the petitioner been informed regarding the filing of the petition,
nor has any order been placed on the record of the case, whereby the
order of the Standing Committee has been either modified or stayed.
That this Court in the case of Narayan Sadhashiv Mohite Vs.
Baroda Municipal Corporation & Another, 1992(2)
GLR 1559 has held that the powers of the Standing Committee
are wide in nature. Therefore, the order of reinstatement of the
petitioner ought to have been implemented by the
respondent-Corporation. It is further submitted that the Revision has
been preferred by the respondent-Corporation behind the back of the
petitioner and the petitioner has only come to know about the same
after reading the averments contained in the affidavit-in-reply. As
order of the Standing Committee has not been stayed or modified by
the State Government, the same ought to be implemented as mere filing
of a Revision Application will not nullify the said order.
On
the other hand Mr. Satyam Chhaya,learned advocate for the
respondent-Corporation has submitted that the Corporation has moved
the State Government under the provisions of Section 451 of Bombay
Provincial Municipal Corporation Act, 1949, on 29.08.2009, however,
no orders have been passed by the State Government on the said
Revision Application, till date. Mr. Chhaya, learned advocate for the
respondent-Corporation has brought to the notice of this Court
judgment in the case of Manhar T. Parmar and Others Vs.
Jamnagar Municipal Corporation & Others, 2006(1) GLH 265.
It
is submitted by Mr. Chhaya, learned advocate for the
respondent-Corporation that some time may be granted, in order to
take instructions.
List
on 10.05.2011.
(Smt. Abhilasha Kumari, J.)
Safir*
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