VADHWAN NAGAR PALIKA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the petitions under Article 226 and 227 of the Constitution filed in the Court it is expected of the counsel for the petitioner to give out synopsis of the case/list of events. The object and purpose of calling from the advocates who are filing the petitions before this Court, synopsis/list of events, is that the court may have a glance on the facts of the case and the points which have been raised therein without going through the whole of the petition. It is some sort of summary of the facts and the question of law arising for the consideration of the court in the petition. In this case, list of events, which has been given is so sketchy and does not serve the purpose for which it is desired. It is nothing but only, what the learned counsel for the petitioner did, to fulfil the formality.

(2.) Heard the learned counsel for the parties.

(3.) The dispute in this special civil application pertains to the appointment given to the respondents No.4 to 33 on different posts in Wadhwan Nagar Palika, Wadhwan Dist. Surendranagar. It is not the stage where this court has to adjudicate on the validity, legality and correctness of this appointments made in Wadhwan Nagar Palika, Wadhwan Dist. Surendranagar for the reasons which I am stating briefly in the later part of the judgment. Felt aggrieved of these appointments, the matter has been taken before the District Collector, Surendranagar by four persons namely, Shri GambhirSinh Jambha Zala, Shri Mohabbatsingh Rupsang Dodiya, Shri Parmar Lalibhai Savjibhai and Shri Rathod Vajesingh Vanesing under section 258 of the Gujarat Municipalities Act, 1963. It is not in dispute that the Collector, Surendranagar under its order dated 3-2-1999 found these appointments to be illegal and accordingly the order has been passed for quashing of the same. The matter has been taken up by some of the appointees before the State Government and the State Government under its order dated 12-2-1999 set aside the order of the Collector and the matter has been remanded back to him to consider this matter afresh after giving opportunity of hearing to the affected persons i.e. the appointees. This order of the State Government is under challenge in this special civil application at the instance of Wadhwan Nagar Palika, Wadhwan, Dist. Surendranagar. On the facts of this case, on which the learned counsel for the parties, have no any controversy, the Dist. Collector, Surendranagar passed the impugned order setting aside the appointments of the respondents No.4 to 33 without giving notice and opportunity of hearing to them. Similarly, the order of the State Government impugned in this special civil application has been passed without giving notice or opportunity of hearing to the petitioner.