VAGHELA RAMUJI CHATRAJI Vs. COLLECTOR

JUDGEMENT

(1.) Rule. Mr Manish Dagli, learned AGP for respondent Nos. 1 and 2, and Mr PK Jani, learned counsel for respondent No. 3 waive service of Rule. In the facts and circumstances of the case, the petition is taken up for final disposal.

(2.) . The petitioner herein is a resident of village Vasai in Chanasma taluka of Patan District in North Gujarat. The petitioner was formerly the Sarpanch of the gram panchayat of the said village. The gram panchayat passed resolution dated 28.9.1999 for cutting 513 trees and to auction the same. The gram panchayat also sought permission of the higher authorities. The Collector, Patan granted permission by order dated 12.12.2000 (Annexure "C"). Pursuant thereto, the gram panchayat issued a public notice and advertised the same in a newspaper called "Hum Log" dated 30.12.2000. At that stage, the present petition came to be filed.

(3.) . While issuing notice, this Court passed order dated 11.1.2001 not to proceed with the auction. The petition came to be resisted by the gram panchayat through affidavit in reply dated 12.4.2001 of its present Sarpanch; oblique motives were attributed to the petitioner; it was further stated that the trees in question were required to be removed for the purpose of deepening and extending the village ponds so that the same could be recharged effectively.