PAMOL VILLAGE PANCHAYAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 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 passed by the District Development Officer, Mehsana dated 07.05.1993, which is at Annexure A.

(2.) AT the outset it is required to be noted that the very impugned order dated 07.05.1993 passed by the District Development Officer, Mehsana was challenged before this Court by way of Special Civil Application No.9157/1993 and by judgment and order dated 23.04.2009, the learned Single Judge has modified the said order to the limited extent and has confirmed the said order. Therefore, as such the order which is sought to be challenged by the petitioner is merged in the order passed by this Court dated 23.04.2009 in Special Civil Application No.9157/1993. Therefore, in light of the aforesaid facts and the order passed by the learned Single Judge, no relief can be granted in the present petition. Shri Brahmbhatt, learned advocate appearing on behalf of the petitioner has submitted that petitioner would like to submit an appropriate application to review, recall and/or modify the order passed in Special Civil Application No.9157/1993. It will be open for the petitioner to initiate appropriate proceedings, if the same are available to him under law. However, so far as present petition is concerned, no relief can be granted to the petitioner as stated above. Under the circumstances, present petition deserves to be dismissed and is, accordingly, dismissed.