MAKWANA PRAVINBHAI GAUTAMBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners, by invoking the jurisdiction of this Court under Article 226 of the Constitution of India, have challenged the legality and validity of the orders passed and action taken by respondent no. 2- Development Commissioner, State of Gujarat in exercise of powers under sec. 253 of the Gujarat Panchayats Act, 1993 (hereinafter referred to as "the Act" for short). The impugned action and order under challenge are in connection with superseding the Thasara Village Panchayat of district Kheda. It is simultaneously challenged by the petitioners that the order passed by respondent no. 2, purported to have been passed on 27.12.2002 but despatched to Thasara Village Panchayat under a forwarding letter dated 19.2.2003 being an act ex-facie, illegal, arbitrary and malafide.

(2.) The following prayers are sought for by the petitioners in Special Civil Application No. 2137 of 2003 and Special Civil Application No. 2138 of 2003, that:

(3.) On 13.3.2003, certain facts were brought to the notice of the court and after hearing ld. counsel appearing for the parties, the court passed following order: