LAWS(GJH)-2004-10-53

VIRAM VISHRAM GADHVI Vs. STATE OF GUJARAT

Decided On October 28, 2004
VIRAM VISHRAM GADHVI Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Rule. Ms.Pandit, learned AGP waives service of rule on behalf of respondent No.1. Mr.Munshaw, learned Counsel waives service of rule on behalf of respondents No.2 and 3. With the consent of the parties the matter is taken up for final hearing today.

(2.) The only aspect which requires consideration is whether the Jt. Secretary of the State Government was right in rejecting the revision application on the ground that he has no jurisdiction to entertain the revision against the order passed by the District Development Officer (DDO) under Section 249(4) of the Gujarat Panchayat Act, 1993 (hereinafter referred to as the "Act")

(3.) The short facts of the case are that the petitioner is the President of Executive Committee of Mundra Taluka Panchayat. The resolutions were passed by General Body of Taluka Panchayat on 12.12.2003, which included for the authorisation of power for converting the land into non-agricultural purpose to the executive committee of Taluka Panchayat. It appears that thereafter on 5.2.2004 another meeting of General Body of Taluka Panchayat was scheduled for considering the proceedings of the earlier meeting and one of the items in the agenda was primary approval of the budget. In the meeting dated 5.2.2004 vide Resolution No.59 it was resolved by the General Body not to grant approval and set aside the proceedings of the earlier meeting dated 12.12.2003 and vide Resolution No.65 it was resolved to withdraw the powers from the Executive Committee and to assign the said powers to the General Body of the Taluka Panchayat. It appears that he Taluka Development Officer (TDO), respondent No.3 herein submitted a report to the DDO under Section 249 and thereafter the DDO has passed the order dated 23.3.2004, whereby he found that the proceedings of the resolution dated 5.2.2004 vide resolution No.59 is illegal and, therefore, he suspended the said resolution. However, for resolution No.65 it is found by him that as per the government resolution dated 26.7.1978 the powers for converting the land for non-agricultural purpose are assigned to Taluka Panchayat and, therefore, there is no reason to interfere with the resolution No.65 and, therefore, the said resolution was not suspended.