SURENDRANAGAR DUDHREJ NAGAR PALIKA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these petitions relate to the dissolution of Surendranagar Dudhrej Nagar Palika, under Sec.263 of the Gujarat Municipalities Act. Special Civil Application No.586 of 1999 was filed before this Court on 25th January 1999 when the notice dated 12/01/1999 was issued by the Government in exercise of the powers under Sec.263(1) of the Gujarat Municipalities Act, 1963. In this Special Civil Application, the notice was issued on 27/01/1999 by this Court as to why the Special Civil Application should not be admitted, heard and finally disposed of at the admission stage. This order is treated as good as Rule. Whereas caveat has been entered by Mr.P.G.Desai, learned Govt. Pleader on behalf of the respondents nos.1 to 3, i.e. State of Gujarat, Director of Municipalities and Collector, Surendranagar, it was ordered that the notices need not be issued to these three respondents. On 6/04/1999, the matter was made to stand over to 19/04/1999 and again on 1 9/04/1999, it was made to stand over to 28th April 1999. On 2 8/04/1999, again the learned Govt. Pleader wanted time to file counter affidavit and for that purpose, the matter was posted to 2 4/06/1999. In the meanwhile and during the pendency of this Special Civil Application No.586 of 1999 challenging the apprehended dissolution of the Municipality on the basis of the show cause notice dated 12/01/1999, which was under challenge, the Government passed an order on 25/05/1999 whereby the Surendranagar Dudhrej Nagar Palika was dissolved and the Prant Officer of Surendranagar was appointed as its Administrator. In view of this order dated 25/05/1999 passed by the Government, this Special Civil Application No.586 of 1999 against the show cause notice dated 1 2/01/1999 virtually became infructuous.

(2.) Now, the petitioners who are 28 in number in Special Civil Application No.4065 of 1999 claiming to be the elected Councillors of the Surendranagar Dudhrej Nagar Palika have preferred this Special Civil Application No.4065 of 1999 challenging the order dated 25/05/1999 on 1 4/06/1999. This Special Civil Application No.4056 of 1999 came up before this Court on 21.6.1999 on which date the caveat was entered on behalf of the respondents nos.1, 2 and 3 by the learned Asstt. Govt. Pleader Mr.Mukesh Patel and on his request, time was granted more than once. When the matter again came up before the Court on 7/07/1999, learned Counsel for the petitioners sought permission to delete the names of respondents nos.4 and 5 and accordingly their names were deleted. On this date, i.e. 7/07/1999, the Rule was issued to the remaining respondents and Mr.Patel, learned Asstt.Govt. Pleader waived the service of Rule and as it would appear from the contents of this order dated 7th July 1999 and for the reasons stated therein, the matter was directed to be listed on 13/07/1999 for final hearing along with Special Civil Application No.586 of 1999. The arguments in both these petitions were finally heard on 2 3/07/1999 as would appear from the order sheet recorded on 2 3/07/1999 in Special Civil Application No.586 of 1999 and the matter was posted for dictation of the orders.

(3.) Now so far as Special Civil Application No.586 of 1999 is concerned, it has virtually become infructuous as stated above in view of the order dated 25/05/1999 and therefore, the same deserves to be dismissed as having become infructuous. So far as Special Civil Application No.4065 of 1999 is concerned, an affidavit-in-reply dated 2/07/1999 on behalf of the respondent no.1 has been filed through Shri J.M.Vyas, Deputy Secretary, to the Govt. in the Urban Development and Urban Housing Department.