AJMERA AND COMPANY Vs. DEVELOPMENT COMMISSIONER GUJARAT STATE

JUDGEMENT

(1.) The petitioner a registered partnership firm, by this petitioner under Art. 226 of Constitution of India praying for quashing and setting aside the order dated 21-6-1986 of the respondent No. 2 purported to have been passed under Sec. 294(4) of the Gujarat Panchayat Act, 1961 and the order of respondent No. 1 dated 8-12-1986 purported to have been passed under Sec. 294(5) of the aforesaid Act. Further, prayer has been made for injuncting respondent No. 2 from executing/implementing the order passed by him dated 21-6-1986 and the respondent No. 1 from executing and implementing its order dated 8-12-1986.

(2.) The facts of the case in brief are that the respondent No. 3 decided to give the work of the collection of Octroi on Ijara. The petitioner gave offer to the respondent No. 3 for collection of octroi for the period commencing from 15-1-1986 to 14-4-1986 on the payment of Rs. 8.55 lacs. This offer of the petitioner was came to be accepted by the respondent No. 3 in its meeting held on 15-1-1986. An agreement was came to be executed for collection of the Octroi for the period aforesaid on 31-1-1986 by the petitioner in favour of respondent No. 3. On 21-3-1986 the petitioner made an application to the respondent No. 3 that having regard to the famine and scarcity condition, the concession may be given to the petitioner in the matter of the price which was to paid by the petitioner to the respondent No. 3 of this agreement. After receipt of this application of the petitioner, the respondent No. 3 in its meeting held on 31-3-1986 resolved that the petitioner to pay Rs. 7 lacs as the cost of this Ijara as against of Rs. 8.55 lacs as what it was offered of the petitioner. So, the concession to the petitioner was came to be given by the respondent No. 3 for the sum of Rs. 1.55 lacs. It is the say of the petitioner that in pursuance to the resolution aforesaid of the respondent No. 3 the petitioner executed a supplementary agreement on the very day. The respondent Nos. 4 to 7 residents of Vanthali a public spirited citizens made an application to the respondent No. 2 under Sec. 249(4) of the Gujarat Panchayats Act, 1993 challenging there under the resolution of the respondent No. 3 dated 31-3-1986 reducing the amount of Ijara agreement from Rs. 8.55 lacs to Rs. 7 lacs. The respondent No. 2 after hearing the parties under its order dated 21-6-1986 held that the resolution of respondent No. 3 dated 31-3-1986 is contrary to law and accordingly that resolution was ordered to be set aside and directed the respondent No. 3 not to implement or execute the said resolution. That order of the respondent No. 2 was taken by the petitioner in appeal before the respondent No. 1. The respondent No. 1 after hearing the parties under its order dated 8-12-1986 confirmed the order of the respondent No. 2, hence this Special Civil Application.

(3.) It is not shocking that the respondent No. 3 is not opposing this Special Civil Application. The respondent Nos. 4 to 7 filed the reply to this Special Civil Application. As usual, the respondent No. 1 has also felt contended (sic.) and satisfied not to contest this Special Civil Application.