KESHAVNAGAR GRAM PANCHAYAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave to correct the title of respondent No.1 as State of Gujarat through Secretary, Panchayat Department.

(2.) Rule. Mr.Dave, Ld.AGP for respondent Nos 1 and 4, Mr.Munshaw for respondent Nos 2 & 3 and Mr.Anjaria for respondent No.5 waive service of rule on behalf of respective respondents. Main Special Civil Application No.3313/03 is taken up for final hearing together with Civil Application with the consent of both sides.

(3.) The short facts of the case are that formerly there was one Gram Panchayat known as Mirzapur Gram Panchayat. The State Govt in exercise of powers under Gujarat Panchayats Act bifurcated the area of Mirzapur Gram Panchayat into two parts and constituted Mirzapur Gram Panchayat and Keshavnagar Gram Panchayat. The petitioner herein is a newly constituted Keshavnagar Gram Panchayat. It appears that since two Gram Panchayats were constituted the Dist.Development Officer ("DDO" for short) as per the order, dated 24.6.02 passed the order for distribution and apportionment of the assets of the then Mirzapur Gram Panchayat and as per the said order the immovable properties which were situated in newly constituted Mirzapur Gram Panchayat were allocated to Mirzapur Gram Panchayat and the immovable properties which were situated within the limits of newly constituted Keshavnagar Gram Panchayat were allocated to the petitioner Panchayat and so far as cash and grant amounts are concerned they were distributed on 50% basis between the newly constituted gram panchayats.