SAVITABEN ASHWINBHAI RATHOD Vs. DEVELOPMENT COMMISSIONER

JUDGEMENT

(1.) Both the petitions relate to the same issue and hence, both the petitions are heard together and hence are dealt with by this common judgment and order.

(2.) As such, in SCA No.19730/16, the petitioner has challenged the order dated 05.10.2016 passed by the Additional Commissioner and SCA No. 20307/16 is filed against the order dated 28.11.2016, which was passed by the Development Commissioner in appeal under section 32(2) of the Gujarat Panchayat Act, 1993 (hereinafter after referred to as "the Act") confirming the order dated 05.10.2016. The facts narrated in this order are based upon the facts as narrated and as arising in SCA No.20307/16 and even learned counsel for the parties have relied upon the facts as stated in SCA No.20307/16.

(3.) Heard Mr. Dipak Sanchela, learned advocate for the petitioner, Ms. Manisha L. Shah, learned Government Pleader for respondents no.1 and 2, Mr. H.S. Munshaw, learned advocate for respondent no.3 and Mr. Shalin N. Mehta, learned senior advocate with Ms. Samata V. Patel for respondent no.4.