B G SAPARIYA CHAIRMAN DEVELOPMENT BOARD MAHUVA MUNICIPALITY Vs. PRADIPKUMAR PUJARI COLLECTOR BHAVNAGAR

JUDGEMENT

(1.) .This petition is filed by the petitioner for quashing and setting aside the order dated 3rd October, 1988 passed by the Collector, Bhavnagar, Annexure-A to the petition.

(2.) . The case of the petitioner was that he was a consulting physician and was a leading Doctor of Mahuva city. He was elected as a Counsellor between 1979 to 1984. It was his case that he was a Chairman of the Development Board, which, according to him, was a small committee of Mahuva Municipality. Certain resolutions were passed by the Mahuva Municipality and land was allotted to a co-operative society on certain terms and conditions. It was alleged that in the allotment of land, serious illegalities and irregularities were committed by the petitioner in collusion with the Chief Officer of the Municipality.

(3.) . When attention of the. Collector, Bhavnagar, was invited by one Ashokkumar Dhirajlal Brahmbhatt, the Collector, in exercise of powers under Sec. 258 of the Gujarat Municipalities Act, 1963 ('the Act' for short), set aside those resolutions and ordered status quo ante. He further held that the office bearers had acted contrary to and in violation of the provisions of the Act and the petitioner was personally liable under Sec. 70 of the Act for the loss caused to the Municipality. He, therefore, directed that the petitioner who was Chairman of the Development Board should pay the amount to the Municipality and accordingly an order was passed, directing him to pay the said amount.