KANBI PANTROD MOHANBHAI RAGABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Appeal under Clause 15 of the Letters Patent arises from the judgment and order dated 28th July 2008 of the learned Single Judge dismissing the petition of the appellant, challenging the order of his removal from the office of Sarpanch of Village Thavar, Taluka Dhanera, District Banaskantha, under Section 57 (1) of the Gujarat Panchayats Act, 1993 (hereinafter referred to as "the Act" for short), as confirmed by the Additional Development Commissioner.

(2.) THE District Development Officer passed the impugned order dated 24th September, 2007 holding that the petitioner had committed misconduct by encroaching upon the panchayat land and by not removing the large number of other encroachers. The said order was passed after giving the appellant a show cause notice dated 11th June 2007 in which it was alleged that the petitioner had encroached upon the gamtal land to the extent of 600 square feet and that, on account of holding the office, neither the appellant himself was removing the encroachment nor was permitting any other person to remove such encroachment and the appellant had also not paid the fine under Section 269 of the Act.

(3.) THE learned Single Judge dismissed the petition on the ground that two authorities had given concurrent finding of fact that the appellant had encroached upon the public land and that, on the date when the District Development Officer was passing the order, such encroachment continued. The learned Single Judge also observed that the appellant if wanted to take steps, at-least after issuance of show cause notice by District Development Officer, should have removed the encroachment.