STATE OF GUJARAT Vs. MORBI MUNICIPALITY

JUDGEMENT

(1.) THIS Appeal under Section 100 of the Code of Civil Procedure has been preferred by the State Government, the defendant in Regular Civil Suit No.343/1981 against the judgment and order dated 9th March, 1994 passed by the learned Assistant Judge, Morbi in Regular Civil Appeal No.6/1987.

(2.) THE subject matter of dispute is the land plot no.34 situated within the limits of Morbi Municipality (hereinafter referred to as, "the Municipality") belonging to the State Government. Feeling aggrieved by the action of the State Government in disposing of the suit plot by public auction, the Municipality instituted the above referred Regular Civil Suit No.343/1981 in the Court of learned Civil Judge (S.D.), Morbi. According to the Municipality, by Government Resolution dated 17th January, 1980 the suit land had vested in the Municipality. The State Government had no right to dispose of the suit land by public auction. The Municipality prayed for a declaration that the suit land had vested in the Municipality and that till such issue is decided by the State Government, the State Government be restrained from disposing of the suit plot by public auction.

(3.) THE suit was contested by the State Government by written statement Exh.33. The State Government denied that the suit land had vested in the Municipality as alleged. The learned Civil Judge relied upon the Government Resolution dated 17th January, 1980 (Exh.45) and held that by the said Resolution the suit plot had vested in the Municipality. Accordingly, the learned Civil Judge decreed the suit that subject to the inquiry under Section 37(2) of the Bombay Land Revenue Code the suit plot vested in the Municipality. The learned Civil Judge further observed that, "However, it is made clear that this judgment will not preclude the defendants from holding enquiry U/s.37(2) of Bombay Land Revenue Code and to come to any other conclusion in respect of the suit land." Feeling aggrieved, the State Government preferred Regular Civil Appeal No.6/1987 in the Court of learned District Judge, Morbi. The Appeal came to be heard and decided by the learned Assistant Judge. The learned Assistant Judge, by impugned judgment and order dated 9th March, 1994, allowed the Appeal partly. The learned Assistant Judge was pleased to hold that by its Resolution dated 17th January, 1980, the State Government had vested the suit plot in the Municipality and that no inquiry under Section 37(2) of the Bombay Land Revenue Code was necessitated. In view of the said finding recorded by the Court, the Court below made order as under : -