CHILODA D GRAM PANCHAYAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate appearing for the petitioner and Mr. Amit Patel, learned Assistant Government Pleader, appearing for the respondent State. Considering the relevant statutory provisions as well as the case law cited before the Court, the Court is not convinced with the submissions made by Mr. Parmar and the Court is of the view that the decision taken by the high power committee does not call for any interference. The petition is, therefore, dismissed. The reason for dismissal is to follow.

(2.) THE petitioner- Chiloda Gram Panchayat through its Sarpanch has filed this petition under Article 226 of the Constitution of India praying for quashing and setting aside the decision of High Power Committee dated 28. 5. 2007 forwarded to the petitioner on 27. 7. 2007 whereby the High Power Committee has taken the decision that the amount of rent cannot be given to the petitioner - Gram Panchayat and that the said amount is required to be credited to the account of the State Government.

(3.) IT is the case of the petitioner that the petitioner had approached this Court by way of Special Civil Application No. 17994 of 2003 challenging the legality and validity of the Revisional Authority's order dated 11. 8. 2003 rendered under Section 259 of the Gujarat Panchayats Act, 1993 ignoring relevant materials and thereby holding that the petitioner had not adduced any evidence to establish that the lands in question vest in the petitioner Panchayat in respect of which it has been collecting amounts as per Section 269 of Panchayats Act. On this basis the revisional authority remanded the matter to Appellate Committee of Gandhinagar District Panchayat. While the said matter was pending before this Court on 23. 6. 2004 the Appellate Committee decided against the petitioner. On the plea of alternative remedy against the Appellate Committee's order, the Special Civil Application was rejected on 23. 7. 2004. The petitioner Panchayat therefore filed Letters Patent Appeal No. 1770 of 2004 and the Misc. Civil Application No. 1968 of 2006 and Misc. Civil Application No. 2304 of 2006 for withdrawal of the said matter. The Division Bench of this Court had held in Letters Patent Appeal that the reliance placed by the petitioner on the provisions of Section 269 is misplaced. It is the grievance of the petitioner that the Division Bench had not afforded opportunity to point out the material which was already annexed to the writ petition being Special Civil Application No. 17994 of 2003 to establish that the lands in question vest in and are under the control of the petitioner Panchayat. The petitioner Panchayat was, therefore, constrained to file Special Leave Petition (Civil) No. 6018 of 2007 before the Hon'ble Supreme Court of India under Article 136 of the Constitution of India, challenging legality of order made in Letters Patent Appeal as well as other Misc. Civil Applications.