NAVINCHANDRA DAHYABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) * * * *

(2.) In about the month of April 1983 the Secretary (Appeals) Revenue Department State of Gujarat issued show cause notices under sec. 211 of the Code to the petitioners for cancelling the permission granted by the TDO under sec. 65 of the Code read with sec. 157 of the Gujarat Panchayats Act 1961 and the relevant notifications issued thereunder by the State Government. .. .. .. ... ... ...

(3.) Normally such writ petitions would be under Art. 227 of the Constitution but Art. 226 of the Constitution is invoked on the basis of certain allegations made in paragraph 8 of the petition. It is alleged that after Vaghodia was declared a Grade C growth centre it was obvious that the area would soon develop into an industrial township. Since one of the Cabinet Ministers hailed from the constituency comprising Vaghodia Taluka there was political jealousy as it was felt that the benefit of prosperity of that area would help boost his image. A decision was therefore taken at the highest level by the Chief Minister that the permissions granted for non-agricultural use to the occupants should be cancelled and with that end in view the Secretary (Appeals) was given special instructions to exercise power under sec. 211 of the Code in pursuance whereof the show cause notices came to be issued and the ultimate orders cancelling the permissions came to be passed regardless of the merits of the matter. According to the petitioners the impugned decision to en masse cancel the permissions granted to the occupants was the outcome of a sheer political jealousy and had nothing to do with the merits of the TDOs decision The petitioners therefore contend that the impugned orders were passed mala fide at the behest of the then Chief Minister and were therefore liable to be quashed and set aside.