STATE OF GUJARAT Vs. NANDASAN GRAM PANCHAYAT

JUDGEMENT

(1.) The appellant, being aggrieved by the judgement and decree dated 20th August, 1986 passed in Regular Civil Appeal No.97 of 1985 passed by the learned Extra Assistant Judge, Mehsana, reversing the judgement and decree dated 26th February, 1985 passed in Regular Civil Suit No.297 of 1979 by the learned Civil Judge (S.D.), Mehsana, whereunder the learned Civil Judge had dismissed the suit, is before this Court.

(2.) The appeal was admitted for hearing the parties on the following substantial questions of law:

(3.) The short facts necessary for disposal of the appeal are that respondent No.1 - Nandasan Gram Panchayat filed a Regular Civil Suit challenging the notification issued by the State Government under Section 9(2) of the Gujarat Panchayats Act, 1961 ("the Act" for short) whereunder certain properties belonging the plaintiff-Panchayat were carved out and were allotted in favour of the newly constituted Gram Panchayat, namely, Laxmipura. The said order was to be implemented with effect from 1st October, 1979. The order was published in Gujarat Government Gazette, Part-IV (B) dated 15th November, 1979. The plaintiff submitted that in accordance with Section 9(2) of the Act, the State Government was required to consult the plaintiff, the District Panchayat and only after such consultation, the State could issue such notification. It is the case of the plaintiff that in absence of such consultation, no notification could be issued.