HARSHADBHAI MOHANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, claiming to be a public spirited litigant, has approached this Court for seeking appropriate direction to respondent nos.1 to 5 to remove illegal construction made upon the government road margin land, opposite to Dungri Pashchim School, Dungri R.S.Taluka and District Valsad. The petitioner has also prayed to issue necessary directions to respondent nos.1 to 5 to initiate the action under the Gujarat Panchayats Act against respondent no.6 for removal from the post of Sarpanch. Learned counsel appearing for the petitioner has not pressed the relief at paragraph 12(C).

(2.) We have heard Ms.Shah learned counsel appearing for the petitioner, Mr.Munshaw learned counsel appearing for respondent nos.2 and 3, Mr.Dave, learned AGP appearing for respondent no.1 and 4, Mr.Adil Mirza, learned counsel for respondent no.7. Mr.Patel, learned counsel has filed his appearance for respondent no.6.

(3.) Upon hearing the learned counsel appearing for both the sides, it appears that pending the petition, the action was taken by the District Development Officer for removal of respondent no.6 from the post of Sarpanch and the order of removal from the post of Sarpanch under Section 57 of the Gujarat Panchayats Act (hereinafter referred to as 'the Act') has been produced at Annexure 'C' with the affidavit -in - reply. The aforesaid shows that the appropriate action has been taken for removal from the post of Sarpanch against respondent no.6.