DUDABHAI M RABARI Vs. DISTRICT MAGISTRATE BANASKANTHA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Under the order dated 11.10.85, annexure `B' of respondent No.1, the respondent No.2 was appointed as Police Patel of Village Rasana, Taluka Deesa, District Banaskantha. The petitioner was one of the applicants for the aforesaid appointment but he was not given the same. This order has been challenged by petitioner by filing this Special Civil Application.

(3.) The petitioner has stated in para-5 of the Specail Civil Application that vide application dated 4th October 1985, he pointed out the respondent No.1 that the respondent No.2 is involved in criminal offence and was committed to sessions Court. It has further been pointed out that respondent had encroached upon Gauchar lands and has cultivated the said lands. The Panchayat had issued notice on respondent No.2 to remove the encroachment. The Panchayat had also issued notice on respondent No.2 dated 10th march 1985 for recovering penalty from him. In these facts, the petitioner pointed out that the respondent No.2 is not a fit person to be appointed as Police Patel.