Gujarat High Court
Judgename :C.K.THAKKER, K.M.MEHTA
JYOTIBEN R.PATHAK - Appellant
Versus
RAFIGSA CHAMMANSA FAKIR - Respondent
L.P.A. 1180 of 1999
Decided On : 10/06/1999
The order passed by the learned Single Judge is set aside. The matter will now go before the learned Single Judge to decide the same in accordance with law.
[Para 33]
It is, therefore, directed that as per the order passed by the State Government, administrator will perform his functions and discharge his duties as administrator in pursuance of the order passed by the State Government under Sec. 263 of the Act till the matter is decided by the learned Single Judge or till new election takes place. If any formal action is required to be taken for that purpose, the State Government will pass an appropriate order.
[Para 35]
( 1 ) LPA No. 1180 of 1999 is admitted. Mr. Tushar Mehta appears and waives service of notice of admission on behalf of respondent Nos. 1 to 22. Mr. Joshi appears and waives service of notice of admission on behalf of respondents Nos. 23, 24, 25 and 28. So far as respondent No. 26 is concerned, learned advocate for the appellants states that it is joined because originally, it was one of the respondents in the petition and though it was ordered to be deleted , in the certified copy, his name continues. Respondent No. 27 was respondent in the SCA , but now,as he is one of the appellants i. e. appellant No. 7, no formal notice is, therefore, required to be issued to him. Thus, service to all the respondents is complete.
( 2 ) LPA No. 1215 of 1999 is also admitted. Mr Tushar Mehta appears and waives service of notice of admission on behalf of original petitioners and Mr. Nanavati waives service of notice of admission on behalf of respondents.
( 3 ) BOTH these appeals arise out of a judgment and order passed by the learned Single Judge in SCA No. 619 of 1999 on August 18/19, 1999.
( 4 ) 22 petitioners filed the said petition for an appropriate writ,order or direction quashing and setting aside an order of dissolution dated 21/01/1999, passed by the State Government in exercise of powers under Section 263 of the Gujarat Municipalities Act, 1963 (hereinafter referred to as "the Act") dissolving Veraval-Patan Joint Municipality.
( 5 ) THE case of the petitioners was that Veraval-Patan Joint Municipality was a municipality constituted under the Act. It had 42 councillors. By a notice, dated January 6, 1999, the municipality was called upon to show cause why it should not be dissolved. On 11/01/1999, a Resolution No. 150 was passed by the municipality authorising its president to file reply and to oppose the notice issued by the State Government. it was stated that on 19/01/1999, hearing was fixed before the Government. A day before that date, i. e. on January 18, 1999, majority of councillors approached this Court by filing SCA No. 429 of 1999 wherein, validity of show cause notice dated 6/01/1999 was challenged. The said petition came up for admission on the next day, i. e. on 19/01/1999, but it was adjourned to January 21, 1999 because record was in Gujarati and English translation was not supplied. On 21/01/1999, the learned AGP stated that another petition was also filed which was to come on Board on the next day. SCA No. 429 of 1999 was, therefore, adjourned to 22/01/1999. Meanwhile, on 21/01/1999, an order dissolving the municipality was already passed. SCA No. 429 of 1999 , in these circumstances, became infructuous and it was disposed of accordingly.
( 6 ) AFTER the order of dissolution was passed on January 21, 1999, the present petition was filed by the petitioners on 25/01/1999. On 27/01/1999, Rule was issued by the Court. On 12/02/1999, CA No. 967 of 1999 was filed for mandatory relief. The learned Single Judge, however, was of the opinion that the main matter deserved to be disposed of finally. Accordingly, by a judgment and order impugned in the present appeal, the petition came to be allowed. In para 14 of the judgment, the learned Single Judge granted the following reliefs:"14. The upshot of the discussion as aforesaid is that this special civil application succeeds. The impugned order dated 2 1/01/1999 Annexure A to the petition passed by the Urban Development and Urban Housing Department of the Government of Gujarat under the signatures of the Deputy Secretary to the State Government is hereby quashed and set aside and as a consequence thereof, the elected body of the Veraval Patan Joint Municipality stands revived. Whereas the order dated 21/01/1999 was a composite order dissolving the Municipality and also appointing the Deputy Collector, Veraval as Administrator of the said Municipality and whereas this order has been quashed and set aside , the Deputy Collector , Veraval who had taken over charge
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