RAJEBHAI ALIMOHMADBHAI MOMIN Vs. DISTRICT DEVELOPMETN OFFICER

JUDGEMENT

(1.) The short facts of the case are that the petitioner in capacity as the Deputy Sarpanch and one another person namely Thakor Jitaji Chaturji who was sarpanch, were served with the notices for removal under Section 57 of the Gujarat Panchayat Act on the ground that the encroachments were made in the Gram Panchayat and no actions were taken by the Sarpanch as well as by the Deputy Sarpanch for removal of such encroachments. As per the petitioner pending the proceedings, the report was submitted before the District Development Officer, who was the first authority, that the the encroachments are duly removed by the Gram Panchayat after taking proper action. The District Development Officer on 20.07.2005, qua the show-cause notice issued to the Sarpanch Thakor Jitaji Chaturji, passed the order, whereby, he recorded that all encroachments are removed and therefore, the notice issued against the Sarpanch is withdrawn.

(2.) However, so far as the petitioner is concerned, who was Deputy Sarpanch, it is the case of the petitioner that a different treatment was given and the petitioner was ordered to be removed from the post of member of the Gram Panchayat as well as the Deputy Sarpanch. The petitioner carried the matter before the Development Commissioner in appeal and the said appeal is dismissed. It is under these circumstances, the petitioner has approached to this Hon'ble Court by preferring this petition.

(3.) I have heard Mr. Pandya, learned counsel appearing for the petitioner, Mr. Munshaw appearing for respondent No.1 and Ms. Patel, for respondent No.2. The other respondents though served, have chosen not to appear.