Fatsar Gram Panchayat vs State Of Gujarat & 4 on 29 July, 2015

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Gujarat High Court

Fatsar Gram Panchayat vs State Of Gujarat & 4 on 29 July, 2015

Bench: C.L. Soni

          C/SCA/4716/2006                                     ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             SPECIAL CIVIL APPLICATION NO. 4716 of 2006

==========================================================
                 FATSAR GRAM PANCHAYAT....Petitioner(s)
                               Versus
                 STATE OF GUJARAT & 4....Respondent(s)
==========================================================
Appearance:
MR TUSHAR MEHTA, ADVOCATE for the Petitioner(s) No. 1
MS. KHYATI P. HATHI (MR PV HATHI), ADVOCATE for the Respondent(s)
No. 2
MS. JYOTI BHATT, AGP for the Respondent(s) No. 1
MR HS MUNSHAW, ADVOCATE for the Respondent(s) No. 4
MR MK VAKHARIA, ADVOCATE for the Respondent(s) No. 5
NOTICE SERVED for the Respondent(s) No. 2
RULE SERVED BY DS for the Respondent(s) No. 1 , 3 , 5
==========================================================



         CORAM: HONOURABLE MR.JUSTICE C.L. SONI

                             Date : 29/07/2015


                               ORAL ORDER

1. Learned advocate Mr. Viral K. Shah appearing for Mr. Mehta for the petitioner, learned AGP Ms. Jyoti Bhatt for respondent No. 1, learned advocate Ms. Khyati P. Hathi appearing for respondent No. 2, learned advocate Mr. Chauhan for HS. Munshaw appearing for respondent No. 4 are heard.

2. By the present petition filed under Article 226 of the Constitution of India, the petitioner has sought direction against the respondent No. 2 not to entertain the appeal No. 1 of 2006 Page 1 of 3 C/SCA/4716/2006 ORDER filed by the respondent No. 5 by declaring the same as incompetent and also prayed to quash and set aside orders at Annexures 'A' and 'B'.

3. By order dated 16.01.2006 at Annexure 'A', the Appellate Committee has stayed the order dated 03.01.2006 passed by the Taluka Development Officer sanctioning the auction held by the Gram Panchayat for the plots in Gamtal area.

4. By order dt. 9th March, 2006, at Annexure 'B', the Revisional Authority vacated the stay granted by it against the order made by the Appellate Committee and directed the Appellate Committee to decide the appeal on or before 30.04.2006.

5. This Court by order dated 14.03.2006 issued Rule and granted adinterim relief in terms of Paragraph No. 7(C) whereby the order made at Annexure 'A' was stayed and the respondents were retrained from creating any hurdle, hindrance or obstacle in the petitioner the Gram Panchayat finalizing the auction as per the order passed by the Taluka Development Officer at Annexure 'D'.

6. It appears that the respondents have not come forward seeking vacation of the adinterim relief. Thus impugned order made by the Appellate Committee in appeal preferred by the respondent No. 5 against the order of the Taluka Development Officer has remained stayed till today.

7. Learned advocate Mr. Shah states that by efflux of time, the petition has become infructuous.

Page 2 of 3 C/SCA/4716/2006 ORDER

8. In view of above, the petition is disposed of as having become infructuous. Rule discharged. Interim relief stands vacated.

(C.L.SONI, J.) ajay gupta Page 3 of 3

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