PARABADA GRAM PANCHAYAT Vs. COLLECTOR

JUDGEMENT

(1.) Since these two Special Civil Applications filed by Parbada Gram Panchayat under Article 226 of the Constitution of India involve common issue, the same are being disposed of by this Common Judgment.

(2.) What is challenged in Special Civil Application No. 9745 of 1999 is the action of the respondent authorities directing the petitioner Gram Panchayat to hand over the record of Survey Nos. 282 to 299, 300/1, 300/2, 312 and 309 situated in the local limits of Parbada Gram Panchayat to the City Survey Superintendent, Himatnagar.

(3.) It is the case of the petitioners that the Collector of District, Sabarkantha, passed an order on 30.6.1986 directing to include the above referred Survey numbers into City Survey of Himatnagar, by exercising his powers under Section 7 of the Bombay Land Revenue Code [ hereinafter referred to as "the Code" ] and to delete the said Survey numbers from the Parbada Gram Panchayat. The said order was challenged by the petitioner Gram Panchayat in appeal before the Additional Chief Secretary (Appeals), Revenue Department and the said appeal was allowed by the Additional Chief Secretary, vide his order dated 14.3.1988 and the order passed by the Collector of District-Sabarkantha dated 30.6.1986 was quashed and set aside and it was held therein that the Collector, Sabarkantha has no jurisdiction to pass an order under Section 7A of the Bombay Land Revenue Code and only the State Government has jurisdiction to pass such order. Despite the above order of the Additional Chief Secretary, petitioner was asked to hand over the record of the above referred 23 Survey numbers to the City Survey Superintendent, Himatnagar on the basis of the Circular dated 27.12.95 issued by the Deputy Secretary, Revenue Department. Pursuant to the said Circular dated 27.12.95, the Mamlatdar, Himatnagar, District Development Officer, Sabarkantha as well as Taluka Development Officer, Himatnagar have issued several communications to the petitioner and directed the petitioner to hand over the record of the said Survey numbers to the City Survey Superintendent, Himatnagar. Being aggrieved by the said actions of the respondent authorities, the petitioner Gram Panchayat has filed the aforesaid Special Civil Application No. 9745 of 1999 before this Court.