MAHESHKUMAR RAMSINH PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution, challenge is to the validity of Section 30(1)(m) of the Gujarat Panchayats Act, 1993 and also the order dated 26.2.2016 passed by the District Development Officer, Kheda at Nadiad, respondent no.2.

(2.) Necessary facts in brief for disposal of this writ -petition are as under: -

(3.) In the petition itself, the petitioner has stated that the learned single Judge of this Court has considered the identical issue by interpreting the provision i.e. Section 30(1)(m) of the Act in the case of Mulchandbhai Jethabhai Parmar vs. District Development Officer and Ors, reported in 2010 (2) G.L.H. 58. The said decision is based on the earlier Division Bench judgment of this Court in the case of Bharatbhai Dhanjibhai Modi vs. (The) Collector and Ors, reported in 2008 (1) G.L.H. 772. The Division Bench of this Court in the judgment referred above, has upheld the identical provision of the Gujarat Municipalities Act, 1963. The said judgment is rendered placing reliance on the judgment of the Hon'ble Supreme Court in the case of Juned v. State of Haryana, 2003 (8) SCC 369.