GOVERNMENT OF GUJARAT Vs. KESHAVLAL MADHAVJI

JUDGEMENT

(1.) AS common question of law and facts arise in both the Second Appeals and as such they arise out of the common judgment and orders passed by both the Courts below they are decided and disposed of by this common judgment and order;

(2.) IN both these appeals, original defendants nos. 3 and 4 (appellants of Second Appeal No. 139/1987) and original defendants nos. 1 and 2 (appellants of Second Appeal No. 42/1987) have challenged the impugned judgment and order passed by the learned appellate Court-learned Assistant Judge, Porbandar dated 16/07/1986 in Regular Civil Appeal No. 16/1984 by which the learned appellate Court has allowed the said appeal preferred by the original plaintiffs by quashing and setting aside the impugned judgment and decree passed by the learned trial Court-learned Civil Judge (Senior Division), Porbandar dated 22/12/1983 in Regular Civil Suit No. 100/1979 by which the learned trial Court dismissed the suit and consequently the learned appellate Court has decreed the suit by declaring that notice dated 22/06/1978 and 24/12/1977 are illegal, against the principles of natural justice and without authority and consequently, original defendants were restrained from carrying out any further proceedings in the aforesaid subject matter.

(3.) HEARD Shri Hathi, learned AGP appearing on behalf of original defendant no. 2 (appellant of Second Appeal No. 42/1987) and the appellants of Second Appeal No. 139/1987 and considered the impugned judgment and order passed by the learned appellate Court as well as the judgment and decree passed by the learned trial Court and considered the documentary evidence, which are on record, more particularly, notice dated 22/06/1978 and 24/12/1977, which were challenged in the suit. On considering the communication/notice dated 22/06/1978 as well as 24/12/1977 produced at Exh. 41 and 42, it appears that by the said communication/notice District Panchayat as well as the original landlord Shri Madhavji Devji were called upon to show cause why the Resolution passed by the District Education Committee of the District Panchayat to enhance the rent of primary school should not be revised and/or changed in exercise of powers under Section 305 of the Gujarat Panchayat Act and till then the Resolution passed by the District Education Committee of the District Panchayat was directed to suspended. Thus, by the aforesaid communication, which are in fact the notices, original landlord as well as the District Panchayat were called upon to show cause why the Resolution should not be revised/set aside in exercise of powers under Section 305 of Panchayat Act. This Court fails to appreciate how the aforesaid communications, which are in fact notices calling upon the original landlord and the District Panchayat can be treated as final order and the same could have declared as illegal and in breach of principles of natural justice. Under the circumstances, the learned appellate Court has materially erred in decreeing the suit and granting the declaration that the aforesaid communications (which are considered to be the final order) are illegal and in breach of principles of natural justice and, therefore, the same cannot be sustained.