MAHENDRABHAI H. PARMAR Vs. R. N. DAS

JUDGEMENT

(1.) By the impugned notification, two Gram Panchayats were amalgamated and one Gram panchayat by the name of Divel Gram Panchayat came to be constituted.

(2.) This litigation has a somewhat chequered history. There existed Divel Group Gram Panchayat with its area consisting of Divel revenue village and Kathana revenue village. By one notification issued under Section 9(2) of the Act on 9th Npvember 1987, it was bifurcated into two panchayats, namely, Divel Gram Panchayat having the area of Divel revenue village and Kathana Gram Panchayat having the area of Kathana revenue village. Its copy is at Annexure 'A' to this petition. It appears that the validity of the notification at Annexure 'A' to this petition was challenged before this court by means of Special Civil Application No. 5836 of 1987. It appears that thereafter another notification came to be issued on 28th March 1988 cancelling the Schedule attached to the notification at Annexure'A' to this petition and substituting it with the new Schedule. Thereby the area included in Kathana Gram Panchayat was the station area of the said village. Its copy is at Annexure 'B' to this petition. It appears that the notification at Annexure 'B' to this petition was also challenged before this court by means of Special Civil Application No. 2411 of 1988. By its common order passed on 23rd December 1988 in the aforesaid two petitions this court rejected both the petitions. A copy of the aforesaid order passed by this court in the aforesaid two petitions.is at Annexure 'C' to this petition. The matter was carried in appeal before the Letters Patent Bench of this court being Letters Patent Appeal No. 532 of 1988. It came to be disposed of as withdrawn by the order passed by the Letters Patent Bench on 15th March 1989. The net effect of the order' at Annexure 'C to this petition was acceptance of the notification at Annexure 'A' to this petition as modified by the notification at Annexure 'B' to this petition as a fait accompli. Surprisingly enough, for reasons best known to respondents Nos. 1 and 2, a notification came to be issued under Section 9(2) of the Act on 13th April 1989 reuniting the areas of both gram panchayats of Divel and Kathana constituting one gram panchayat in the name and style of Divel Gram Panchayat. Its copy is at Annexure 'D' to this petition. By means of this petition under Article 226 of the Constitution of India, the petitioner has questioned its validity.

(3.) It becomes clear from the order of this court at Annexure 'C' to this petition that respondent No. 2 and the predecessor of respondent No. 1 herein supported the notification at Annexure 'A' to this petition as modified by the notification at Annexure 'B' to this petition before this court. It is somewhat strange and surprising what weighed with respondents Nos. 1 and 2 in issuing the impugned notification at Annexure 'D' to this petition practically after obtaining the order of this court at Annexure 'C' to this petition as affirmed in appeal by the Letters Patent Bench as aforesaid.