Jesabhai Jivabhai Chudasma vs State of Gujarat and Others

M.R. Shah, J.

Rule. Shri Neeraj Soni, learned Assistant Government Pleader waives service of notice of Rule on behalf of respondent No. 1. Ms. Khyati Hathi, learned advocate waives service of notice of Rule on behalf of respondent No. 2 and Shri Anshin Desai, learned advocate waives service of notice of Rule on behalf of respondent No. 3.

In facts and circumstances of the case, with consent of learned advocates appearing for respective parties, present petition is taken up for final hearing today.

By way of this petition under Articles 226 and 227 of the Constitution of India, petitioner herein has prayed for appropriate writ, direction or order quashing and setting aside the impugned order dated 26.04.2010 passed by the State Government i.e. Additional Development Commissioner, State of Gujarat, Gandhinagar in Revision/Appeal No. 20/2010 by which the Appellate Authority has allowed the said Appeal preferred by the respondent No. 3 herein by quashing and setting aside the order passed by the District Development Officer dated 18.01.2010 passed u/s 57 of the Gujarat Panchayat Act, which was passed removing the respondent No. 3 as Sarpanch of Khorasa (Gir) Gram Panchayat. Shri D.M. Thakkar, learned advocate appearing on behalf of the petitioner has vehemently submitted that if the Appellate Authority was of the opinion that reasonable opportunity was not given to respondent No. 3 by the District Development Officer and/or the order passed by the District Development Officer was in breach of principles of natural justice, in that case, Appellate Authority ought to have remanded the matter to the District Development Officer for passing appropriate order afresh after giving reasonable opportunity to all concerned. Shri Thakkar, learned advocate appearing on behalf of the petitioner has also tried to submit the case on merits with respect to the allegations against respondent No. 3, however, as this Court proposes to remand the matter to District Development Officer, Junagadh, for passing appropriate order afresh after giving opportunity to the petitioner as well as respondent No. 3 and all other concerned persons, this Court is not further considering the submissions on merits.

Shri Anshin Desai, learned advocate appearing on behalf of respondent No. 3 has stated at the Bar that respondent No. 3 has no objection if the matter is remanded to the District Development Officer, Junagadh for considering the proceedings u/s 57 of the Gujarat Panchayat Act, after giving opportunity to all concerned inclusive of the petitioner and respondent No. 3. He does not invite any further reasoned order. Under the circumstances, this Court is not further assigning any reasoned order while modifying the order passed by the Appellate Authority, impugned in the present petition and remanding the matter of District Development Officer, Junagadh. Shri Desai, learned advocate appearing on behalf of respondent No. 3 has stated at the Bar that respondent No. 3 shall appear before the District Development Officer, Junagadh on 9th August 2010 for making submissions on merits as he has already filed a reply to the show-cause notice issued by the District Development Officer, Junagadh.

Shri Desai, learned advocate appearing on behalf of respondent No. 3 as well as Shri Thakkar, learned advocate appearing on behalf of the petitioner have jointly submitted that respective parties and/or other advocates shall make appropriate submissions before the District Development Officer, Junagadh on 09.08.2010 and let the District Development Officer, Junagadh pass an appropriate order in accordance with law and on merits afresh.

In view of the above, present petition succeeds in part. The impugned order passed by the Additional Development Commissioner, State of Gujarat dated 26.04.2010 passed in Appeal No. 20/2010 is hereby modified to the extent that matter is remanded to the District Development Officer, Junagadh for passing appropriate order afresh in accordance with law and on merits and after giving an opportunity to the petitioner as well as respondent No. 3 and/or all concerned persons/authorities. Let respondent No. 3 and the petitioner appear either in person or through advocates before District Development Officer, Junagadh for hearing on 09.08.2010 as agreed by the learned advocates appearing for respective parties and let the District Development Officer pass an appropriate order in accordance with law and on merits and considering the submissions made on behalf of respective parties. The aforesaid exercise shall be completed by the District Development Officer, Junagadh on or before 16.08.2010. Rule is made absolute to the aforesaid extent. No costs. Direct service is permitted.