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A.P.RAVANI, D.G.KARIA
RAGHAVBHAI ARJANBHAI – Appellant
Versus
AMRELI NAGARPALIKA – Respondent
The Gujarat High Court quashed the Collector's order cancelling municipal resolutions leasing shops to petitioners, holding that Sec. 258 of the Gujarat Municipalities Act could not be invoked as the resolutions were fully executed (advance lease paid and possession handed over) more than four months prior, leaving nothing to suspend or prohibit (!) [13000058230007][13000058230008][Para 8]. The Collector exceeded powers by directing recovery of possession from third parties, as Sec. 258 permits only declaration of invalidity, not eviction without due process [13000058230009][13000058230010][Para 10]. Post-three months, restrictions under Sec. 51(12) lapsed, and the Administrator could cancel resolutions himself under Sec. 263A(3), without referring to Collector [Para 9]. Lease extended by ~11 months for unlawful dispossession period [13000058230018][13000058230019][Para 19]; compensation claim deferred to civil court, unsuitable for Art. 226 [13000058230017][Para 18].
( 1 ) PETITIONERS were occupying shops Nos. 15 and 16 belonging to respondent No. 1 - Amreli Municipality. They were put in possession of the shops pursuant to Resolutions Nos. 22 and 23 dated July, 22/23, 1992 passed by respondent No. 1 - Amreli Municipality. Respondent no. 2 Collector, Amreli, has cancelled the resolution by order dated december, 18/21, 1992 in case No. 17 of 1992. It has also been directed that possession of the shops be taken over from the petitioners and the amount paid by them be refunded to them. As per the order, possession of the shops has been taken over on 24/12/1992. Petitioners have challenged the legality and validity of this order by filing this petition on 28/12/1993. Learned single Judge of this Court initially ordered to issue notice and directed respondents to maintain status quo as it existed on the date of filing of the petition. Later on petitioners prayed for amendment in the petition and challenged the constitutional validity of the provisions of Sec. 258 of the Gujarat Municipalities Act, 1963 (hereinafter referred to as "the Act" ). Hence, the petition has been placed before division Bench. It may be noted that the Collector had
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