Document Fragment View

Matching Fragments

12. The facts of Special Civil Application No.11024 of 2015, 10152 of 2015 and 10160 of 2015 are as below:-
HC-NIC Page 7 of 57 Created On Thu Dec 24 00:09:19 IST 2015

12.1 That village Gadhala, Lalavadar, Fulzar and Som- pipaliya has population of about 1500, 5500, 5500 and 4000 respectively. Village Gadhala is situated at a distance of 32 Kms. from Vichhiya, whereas village Lalavadar is situated at a distance of 13 Kms. from Vichhiya, village Fulzar is situated at a distance of 25 Kms. from Vichhiya and village Som-Pipaliya is situated at a distance of 21 Kms. It is a matter of record that originally all four villages were part of Jasdan Taluka. However, the State Government took a decision to bifurcate Jasdan Taluka into two Talukas namely 'Jasdan' and 'Vichhiya'. It is the case of the petitioners that when bifurcation took place, all four villages passed Resolution to remain with Jasdan Taluka and villagers also filed representations to Mamlatdar, Jasdan to the said effect. It is also case of the petitioners that the villagers filed representations in the year 2013 and 2014 to various authorities including local MLAs and local Cabinet Ministers. That Jasdan is situated nearby, whereas Vichhiya is little far than the Jasdan and geographically and socially, village people of all four villages are highly affectioned and connected with Jasdan Taluka, which is more convenient for the villagers to transit and Jasdan is well connected by public transport as well as private transport to Rajkot. It is further case of the petitioners that even the Deputy HC-NIC Page 8 of 57 Created On Thu Dec 24 00:09:19 IST 2015 Collector recommended that the said four villages should be kept in Jasdan Taluka. Though the Notification is issued in the year 2013, effective administration of all four villages are connected with Jasdan Taluka only and Jasdan Mamlatdar is running Madhyahan Bhojan releasing quota of fair price shop and medical facilities are also available at Jasdan. Similarly, police station as well as telephone exchange office are also situated at Jasdan. Thus, all the activities are connected with Jasdan Taluka only. Even though the Notification issued, no effective transfer of revenue records from Jasdan Taluka to Vichhiya Taluka has taken place. It is further case of the petitioners that the decision is taken without taking assurance/consent of the village people and without calling Gram Sabha and inclusion of these villages in Vichhiya Taluka is most inconvenient for the villagers. The petitioners have specifically averred that the writ petition being Special Civil Application No.3908 of 2015 came to be filed by the residents of village Ambardi, Navagam and Vadod on similar issue before this Court and this Court issued Notice on 11.03.2015. Thereafter, again those three villages have been included in Jasdan Taluka. It is alleged by the petitioners that no procedure is followed and no consultation with Gram Panchayat has taken place. It was also contended that even though such HC-NIC Page 9 of 57 Created On Thu Dec 24 00:09:19 IST 2015 consultation is not mandatory, but directory. The same does not mean that the Government can take arbitrary action and the Government cannot be permitted to illegally exercise the powers, ignoring wish and feelings of the villagers. It is further contended that in spite of such facts, impugned Notification dated 22.12.2014 came to be issued. Upon coming to know about the same, the villagers including the petitioners filed representations to the State Government and other authorities. However, as nothing was done, present petitions are filed.