SAURASHTRA GRAM VIKASH TRUST Vs. ADDL DEVE COMMISSIONER

JUDGEMENT

(1.) The petitioner Trust has preferred this petition in order to quash and set aside the order dated 23/12/1992 passed by respondent no.2 herein and also the order dated 01/05/1993 passed by respondent no.1 herein at Annexures-A & B to the petition.

(2.) The members of the petitioner Trust belong to the backward class of the society. Certain representations were submitted by them for allotting land so as to enable them to have residential accommodation as well as working facilities. Collector of Bhavnagar District, vide letter dated 31/08/1990, recommended Shihor Nagar Panchayat for granting the land in question to the petitioner Trust. Accordingly, a Resolution to that effect was passed by Shihor Nagar Panchayat in its General Meeting and the possession of the land was handed over to the petitioner Trust by the Nagar Panchayat.

(3.) Respondent no.2 herein initiated proceedings under Section 294 of the Gujarat Panchayats Act {Old Act} (for short, "the Act"). By issuing interim order dated 12/08/1992, the aforesaid Resolution was suspended by respondent no.2 and Notice was issued to the Nagar Panchayat. The Nagar Panchayat appeared before respondent no.2 and after hearing, the impugned order dated 23/12/1992, at Annexure-A to the petition was passed.