HARSHADBHAI J SHASTRI Vs. DAKOR MUNICIPAL BOROUGH

JUDGEMENT

(1.) . Heard Mr. S.B. Vakil, the learned Senior Counsel appearing for the petitioner, Mr. Murali N. Devnani, the learned counsel for the Respondent Nos. 1 and 2, and Ms. Harsha Devani, the learned Assistant Government Pleader for the Respondent No.3.

(2.) . The petitioner challenges the Javak No.39, dated 18th April, 2000, of the Chief Officer of the Dakor Municipal Borough directing the petitioner to remove by 24th April, 2000, all the advertisement-boards placed by him within the Municipal Borough area on the ground that the contract given to him for the period between 20th October, 1999 and 19th October, 2002 under the signature and certificate of the President had been suspended by the order dated 11/04/2000 passed by the District Collector, Kheda in an appeal filed by one Rajendrabhai Dahyabhai Patel against the respondents herein.

(3.) . It is not in dispute that to the appeal filed by Mr. Rajendrabhai Dahyabhai Patel which culminated into the order of the Collector dated 1 1/04/2000, the petitioner was not impleaded as a party. It is also not in dispute that the petitioner was given absolutely no opportunity by the Collector and also by the Chief Officer of Dakor Municipal Borough before passing the impugned orders. Further, it is not in dispute that by the order dated 11/04/2000 passed by the Collector and the consequential order dated 18/04/2000 passed by the Chief Officer of the Dakor Municipal Borough, the petitioner has been seriously prejudiced inasmuch as the contract granted to him was suspended by the impugned order.