PATAN MUNICIPALITY Vs. STATE OF GUJARAT & 4

JUDGEMENT

(1.) The present petition has been filed by the petitioner-Patan Municipality challenging the order dated 30.05.2001 (Annexure-A) passed by Respondent No.2 Collector, Patan as also letter/order dated 21.03.2001 of the Respondent No.1 State Government, pursuant to which the Collector had passed the said order dated 30.05.2001. The petitioner had amended the prayer clause as per the Court's order dated 18.11.2010, whereby the petitioner has also challenged the impugned decision dated 07.08.2000 as well as 08.01.2001 (Annexure-I) passed by the State Government.

(2.) After hearing learned Counsel for the parties, it appears that earlier one Mr. K.C. Patel, President of Patan Municipality had filed Special Civil Application No.5503 of 1997 in the nature of public interest litigation challenging the order dated 16.07.1997 passed by the Collector, Mehsana assigning the land bearing Survey No.2249 admeasuring 302.04 sq. mtrs. situated in Patan City to one Naranbhai Mohanbhai Patel-Respondent No.4 herein, and who was the Respondent No.3 in the earlier petition.

(3.) The main contention raised in the said petition was, whether the land bearing Survey No.2249 was the Government land or had vested in the Patan Municipality. The Division Bench after considering the contentions raised by the respective parties had disposed of the said petition by passing the following order on 20.01.1998,