BHARATBHAI RAVATBHI VALA Vs. BAGASARA MUNICIPALITY

JUDGEMENT

(1.) THE petitioner has taken out this petition with following prayers;

(2.) LEARNED counsel for the petitioner contended that in light of the decision in case of Naynaben shantilal Pandya Vs. State of Gujarat & Ors., reported in 2006 (3) GLR 2034 the resolution before being quashed by the Collector, the learned Collector was under obligation to here the beneficiary of the resolution, as no notice or hearing was given and afforded to the petitioner. The resultant order dated 01.09.2004 is vitiated. Learned counsel for the petitioner also relied upon the decision in case of Maniben Navabhai & Ors. Vs. State of Gujarat & Ors., reported in 2000 (4) GCD 3222 (Guj).

(3.) LEARNED AGP, Ms. Pathak invited this Court's attention to the averments made in the affidavit-in-reply and contended that the resolution dated 28.01.2004 is of course quashed and set aside by the Collector in exercise of power under Section 258 of the Gujarat Municipality Act, but the Resolution No.180 dated 04.12.2004 is not quashed, but is expressly made subject to approval from the competent authority, as could be seen from the order dated 31.05.2005. This order was passed after taking into consideration all the relevant materials and facts, however, she could not establish that even while passing order on 31.05.2005, whether any opportunity was afforded to the beneficiary namely the petitioner.