JANAKSINH MOHANSINH CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Ms. Phalguni Patel, learned AGP waives service of rule on behalf of respondent No.1, Ms. Sejal K. Mandavia waives service of rule on behalf of respondent Nos.2 and 3, Mr. Chirag M. Pawar waives service of rule on behalf of respondent No.4.

(2.) The present petition is filed under Article 226 of the Constitution of India challenging the order passed by the Taluka Development Officer, Kamrej on 21.05.2003 whereby the Resolution No. 138 passed in the Gram Sabha of Bhada, Tal. Kamrej on 20.05.2003 has been suspended.

(3.) It is the case of the petitioner that Gram Sabha of village Bhada has unanimously resolved on 20.05.2003 to lease out a road land to the petitioner for a period of three years as the road has been constructed by the petitioner at the cost of Rs.15 to 17 Lacs. The T.D.O. by its order dtd.21.05.2003 suspended the said Resolution in exercise of his powers under Section 249 of the Gujarat Panchayat Act. While suspending the said Resolution, it is observed by the T.D.O. that prior permission of the Collector has not been obtained.