GOPALPURA GRAM PANCHAYAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner Gopalpura Gram Panchayat, Anand, challenges the order dated 2nd November, 2001 passed by the Joint Secretary, Panchayat, Rural Housing and Rural Development Department (hereinafter referred to as Sthe Revisional Authority ), whereby Revision Application filed by respondents No.3 to 10 herein, has been allowed and the order dated 1st August, 2000 passed by the Appeal Committee of the Anand District Panchayat has been quashed and set aside.

(2.) That, in the year 1998, the petitioner Panchayat found that one plot was lying idle without having been allotted to any resident of Village Gopalpura. Hence, the petitioner Panchayat moved the appropriate authority for the purpose of seeking necessary permission for disposal of the said plot and after following due procedure, invited bids from the residents of Village Gopalpur. It is the case of the petitioner that, by a communication dated 10th December, 1998, the petitioner Panchayat had requested the Taluka Development Officer of Taluka Panchayat, Anand to fix the upset price and to grant consequential clearance for disposal of the said plot, pursuant to which, the Taluka Development Officer had fixed the upset price at Rs.6,000/- as against the proposed upset price of Rs.3,000/-. That, thereafter, public notices were issued at conspicuous places earmarked for the purpose of publishing such notices and public announcement was also made by the concerned peon of the petitioner Panchayat, in the entire Village Gopalpura.

(3.) After following due procedure, the auction was held on 10th January, 1999 at the site of the said plot and the bid of one Solanki Ishwarbhai Chhotubhai (respondent No.11 herein) came to be accepted for Rs.7,000/-, and the possession of the said plot came to be handed over to the said Solanki Ishwarbhai Chhotubhai upon payment of Rs.7,000/-. On the subsequent day of the auction i.e. on 11th January, 1999, the petitioner Panchayat in its meeting of the General Body, passed a resolution bearing No.287/5, evidencing the factum of allotment of the said plot in the said auction to respondent No.11.