MANSUKHBHAI DEVABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Dhaval Dave, learned A.G.P. waives service of rule for respondents Nos. 1,2 and 6. Mr. V.S. Metha waives service pf rule for respondent No.4. Mr. K. S. Nanavati, waives service of rule for respondent No.7. The service of rule in respect of respondent Nos. 3 and 5 is dispensed with.

(2.) By a resolution dated 29.2.1996, the Gram Panchayat Talala Gir decided to give contract for collection of octroi by public auction in exercie of its power under section 202 of the Gujarat Panchayats Act. The trading community of the village had some reservation about the method of collecting octroi through contractor and had raised grievances about it before the Gram Sabha that instead of giving the contract for collection of octroi, panchayat itself should collect the octroi. Alternatively it offered a fixed amount in excess of the upset price fixed for the bid of contract for collecting octroi as its offer for securing the contract, as Talala Vivid Vyapar Mandal - respondent No. 7. In the wake of this controversy, the Collector issued a notice on 2.3.1996 stating that there are good grounds for staying the resolution of the Panchayat dated 29.2.1996 inviting bids at public auction on 19.3.1996 for the grant of said contract and he issued notice for his intention to exercise power under section 249(6) for cancelling the resolution dated 29.2.1996. A fax message to this was also issued by the Collector. The petitioner has challenged in the aforesaid petition, the authority of Collector to act in the matter of exercise of power under section 202 by the panchayat by having recourse to his power under section 249(6). While issuing notice this court passed an exparte interim order to the following effect:

(3.) Respondent No. 7 moved a civil application No. 2807 of 1996 for vacating the interim order after it was impleaded as respondent No. 7.