LAWS(GJH)-2013-10-36

THAKOR RASIKBHAI BHIKHAJI Vs. DISTRICT COLLECTOR

Decided On October 07, 2013
Thakor Rasikbhai Bhikhaji Appellant
V/S
DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) The petitioners by this petition have challenged the order (AnnexureA) passed by the Municipality for terminating the services of the petitioners and the petitioners have prayed that the respondents be directed to reinstate the petitioners in service with full backwages, etc.

(2.) When the matter is taken up for hearing, the learned AGP has brought to the notice of the Court that this petition is covered by the decision of this Court dated 04.10.2013 in SCA No.7434/01, whereby this Court with the observation of available remedy to the petitioner to challenge the decision of the Collector before the State Government under section 264 of the Gujarat Municipalities Act (hereinafter after referred to as the Act ), had dismissed the petition.

(3.) I find that the contention raised by the learned AGP has substance inasmuch as this petition was even at the earlier point of time heard with SCA No.7434/01 and this Court on 25.06.2004 had passed the common order whereby the petitions were admitted but the interim relief was dismissed. However, some how or other, the another Special Civil Application No.6014/01 which is the present matter, came to be segregated.