Gujarat High Court
Ramani Chandubhai Govindbhai vs State Of Gujarat & 8....Opponents on 5 January, 2015
Bench: Vijay Manohar Sahai, R.P.Dholaria
C/WPPIL/335/2014 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT PETITION (PIL) NO. 335 of 2014
FOR APPROVAL AND SIGNATURE:
HONOURABLE THE ACTING CHIEF JUSTICE
MR. VIJAY MANOHAR SAHAI Sd/-
and
HONOURABLE MR.JUSTICE R.P.DHOLARIA Sd/-
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1. Whether Reporters of Local Papers may be NO
allowed to see the judgment ?
2. To be referred to the Reporter or not ? NO
3. Whether their Lordships wish to see the fair NO
copy of the judgment ?
4. Whether this case involves a substantial NO
question of law as to the interpretation of the
constitution of India, 1950 or any order made
thereunder ?
5. Whether it is to be circulated to the civil judge NO
?
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RAMANI CHANDUBHAI GOVINDBHAI....Applicant
Versus
STATE OF GUJARAT & 8....Opponents
=========================================
Appearance :
MR NK MAJMUDAR, ADVOCATE for the Applicant.
MR VANDAN BAXI, AGP for the Opponent Nos.1-4.
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE MR.
VIJAY MANOHAR SAHAI
and
HONOURABLE MR.JUSTICE R.P.DHOLARIA
Page 1 of 3
C/WPPIL/335/2014 JUDGMENT
Date : 05/01/2015
ORAL JUDGMENT
(PER : HONOURABLE THE ACTING CHIEEF JUSTICE MR. VIJAY MANOHAR SAHAI)
1. We have heard Mr. N.K. Majmudar, learned counsel appearing for the petitioner and Mr. Vandan Baxi, learned Assistant Government Pleader appearing for respondent Nos.1 to 4.
2. This writ petition in the nature of Public Interest Litigation has been filed by the petitioner praying for the following reliefs :-
"(i) admit this petition;
(ii) issue appropriate writ, order or direction and
be pleased to restrain the respondent authorities, their Officers from passing orders/from issuing Notification in respect of inclusion/merger of Kotharia Gram Panchayat / Kotharia village with Rajkot Municipal Corporation / within the limits of Rajkot Municipal Corporation and, therefore, appropriate writ, order or direction be issued in this regard;
(iii) issue appropriate writ, order or direction and be pleased to hold that the decision of the concerned authorities including the Collector, Rajkot of sending proposal for inclusion / merger of Kotharia Gram Panchayat / Kotharia village into Rajkot Municipal Corporation is illegal, illogical, arbitrary and the same would affect the living standard of the villagers of Kotharia Gram Panchayat and the same has been taken on the Page 2 of 3 C/WPPIL/335/2014 JUDGMENT basis of resolution / decision of the Gram Panchayat which was never taken after giving reasonable opportunity to the villagers to lodge their objections, therefore, the decision of the Collector - respondent No.4 of sending proposal for merger of Kotharia Gram Panchayat into Rajkot Municipal Corporation be declared as illegal, illogical, violative of principles of natural justice;
(iii) grant interim relief and be pleased to restrain the concerned respondent authorities including the respondent Nos.1 to 4 from passing appropriate orders and from issuing appropriate notification for inclusion / merger of Kotharia Gram Panchayat / Kotharia village into Rajkot Municipal Corporation by way of interim relief;"
3. In our opinion, no Notification has yet been issued by the respondents and this writ petition has been filed only on presumption. Therefore, this writ petition in the nature of Public Interest Litigation cannot be entertained and hence, it is accordingly dismissed.
Sd/-
(V.M.SAHAI, ACJ.) Sd/-
(R.P.DHOLARIA, J.) Savariya Page 3 of 3