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C/SCA/6757/2011
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No 6757 of 2011
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VINODBHAI
JETHABHAI PATEL....Petitioner(s)
Versus
ADDITIONAL
DEVELOPMENT COMMISSIONER & 2....Respondent(s)
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Appearance:
MR
BS PATEL as ADVOCATE for the Petitioner
Ms.
MONALI BHATT AGP for the RESPONDENT
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CORAM:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 01/06/2011
ORAL
ORDER
Prima
facie, it appears
that the petitioner who was holding the post of Sarpanch has been
removed from the office in purported exercise of power under Section
57 of the Gujarat Panchayats Act, 1993 [hereinafter referred to as,
the Act ]
on the ground that he has failed to remove the encroachment made by
few persons on the Government land. It also appears that aggrieved by
the order passed by the District Development Officer dated 23rd
May 2011, the petitioner has preferred an appeal before the
Additional Development Commissioner, as provided under Section 57(3)
of the Act. However, the appellate authority has kept hearing of the
matter on 7th
June 2011.
Prima
facie, it appears
from the communication dated 30th
May 2011 [Annexure-B to this petition] that on 7th
June 2011, hearing for interim
relief, as prayed for by the petitioner, will be conducted. The
apprehension expressed by the learned counsel for the petitioner is
that by the time, the appellate authority hears the application, the
charge would be taken over from the petitioner and another person
will be appointed as a Sarpanch, causing grave prejudice
to the petitioner. Prima
facie, it appears
from the charge that what is alleged is dereliction of duty. Whether
the charges, as levelled and found sufficient for the purpose of
removing the petitioner from the post of Sarpanch, would fall within
the ambit of Section 57 of the Act is a matter to be considered in
this petition. Prima
facie, having regard
to the facts and circumstances of the case, the petition stands
squarely covered by the two judgments of the Division Bench of this
High Court in the matters of Raysangbhai
Ranchhodbhai Thakor vs. State of Gujarat & Anr.,
rendered in Letters Patent Appeal No. 3576 of 2010 dated 31st
March 2011, and of Vakatar
Bhagvanjibhai Devabhai v. Additional Development Commissioner,
rendered in Letters Patent Appeal No. 2593 of 2010 decided on 10th
May 2011. In this view of the matter, let Notice be issued to the
respondents returnable on 14th
June 2011. Leaned AGP Ms. Monali Bhatt appears and waives service of
notice for and on behalf of the respondent no. 1. Till the next
returnable date, the respondents are directed not to take over charge
from the petitioner and shall not appoint any other person in place
of the petitioner. Direct service of notice is permitted for
respondents no. 2 & 3.
(J.
B. PARDIWALA, J.)
Prakash*
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