PRAHLADBHAI MADHAVLAL PATEL Vs. PATEL JITENDRAKUMAR SOMABHAI

JUDGEMENT

(1.) The appellants herein are villagers/ residents of Balol Gram Panchayat of Taluka and District Mehsana. They are seeking to challenge the judgment and order dtd. 31/8/2021 passed by the learned Single Judge in quashing the notification dtd. 19/11/2019 passed under Sec. -7(2) of the Gujarat Panchayat Act, 1993 read with Article 243(g) of the Constitution of India holding that the procedure for issuance of the said notification has not been followed. However, while holding so, liberty was granted to the State Government to initiate fresh procedure under Sec. -7 of the Gujarat Panchayat Act, 1993 if deem fit after following due procedure.

(2.) We may record, at the outset, that the State is not in appeal before us. This appeal in the year 2022, has been filed by few villagers/ residents of Balol Gram Panchayat, who had filed an impleadment application before the learned Single Judge, which was never allowed. On a query made by the Court, it is submitted by the learned advocate for the appellants that the application seeking impleadment before the writ court was not allowed and appellants were not impleaded as party to the writ proceedings. It is, however, submitted by the learned advocate for the appellants that the appellants were heard in Civil Application No.1 of 2020 [for impleadment] alongwith the main matter wherein the judgment and order dtd. 31/8/2021 has been rendered and hence, they have a right to maintain the present appeal.

(3.) Considering the above, suffice is to note that even in the final judgment and order dtd. 31/8/2021, there is no order to allow the application seeking impleadment of the appellants herein by the writ court on the issue as to whether they are necessary and proper party to the proceedings before the writ court. Mere fact that the impleadment application has been decided with the main matter will not give right to the appellants to maintain this appeal without filing an application seeking leave to appeal, raising a grievance that they were necessary and proper party before the writ court and have a right to challenge the decision of the writ court.