Gujarat High Court
Judgename :B.C.PATEL, J.N.PATEL
Varvabhai Nathabhai Rabari - Appellant
Versus
STATE - Respondent
L.P.A. 8 of 2002
Decided On : 02/11/2002
It is a settled legal position that the Court shall restrain itself from interfering with the interim orders, more particularly, in intra Court appeals.
[Para 16]
( 1 ) THE present Letters Patent Appeal is directed against the judgment and order dated 6. 11. 2001 passed by the learned single Judge of this court in Special Civil application No. 7443/2001.
( 2 ) THE facts of the present case, in short, are as under : 2. 1 An inquiry was made under section 44 of the Gujarat Agricultural produce Markets Act, 1963 (hereinafter referred to as "the Act") in respect of complaint against irregularities and corruption and as an outcome of such inquiry report the State Government, in exercise of powers under section 46 of the act, issued a notice to show cause as to why the Agricultural Produce Market committee, Patan should not be superseded since as per the State government, the Market Committee had made persistent defaults in performance of its duties and had abused its powers. The allegations made in the show cause notice were that (i) though the Labour Court did not pass any order, the Market Committee, on its own, made its employees permanent with effect from 1992 and not only that but paid the backwages of Rs. 14,11,822/-, (ii) without holding any public auction various pieces of land situated at Nutan Ambica vegetable Sub-yard have been sold away at a price of Rs. 1,000/- per Sq. Mtr. It is also alleged in the show cause notice that though there was direction by the Director to get the valuation of the property made, no steps were taken by the Market committee for getting valuation of the said property. It is also alleged in the show cause notice that the lands initially was allotted on lease basis at the rate of Rs. 1/- per Sq. Mtr to the concerned traders holding shops adjacent to the land and thereafter the said lands were sold without holding any public auction and for the said actions the Director had issued direction 3 for taking back the possession of the land, but said direction was also not implemented, (iii) by allotting shops to the traders at Sardar Patel Vegetable Subyard at the rate of Rs. 200/-p. m. with the development charges of Rs. 41,000/-per shop, the Market Committee had caused loss to the funds of the Market Committee amounting to Rs. 17,42,130/-, (iv) though certain areas were already denotified and though it had come on the record of the market Committee that the traders are dealing in denotified agricultural produce bodies unauthorisedly, no steps were taken for collection of market cess and thus unauthorised business were going on due to willful inaction on the part of the market Committee, (v) the Director, agricultural Marketing and Rural Finance (hereinafter referred to as "the Director") had directed for giving two appointments on compassionate grounds to the legal heirs of the deceased, two deceased employees of the Market Committee by relieving last two junior most temporary employees that the said direction was not complied with. 2. 2 In response to the said show cause notice of the State Government, the market Committee had filed reply and it may be stated that at the stage of show cause notice the Market Committee had preferred Special Civil Application no. 3662/01 on the ground that the principles of natural justice are not complied with since the copy of the inquiry report under section 44 of the Act is not supplied. However, in the said special civil application the learned single judge of this court had passed order dated 22. 5. 2001 whereby it was directed that the Market committee may be permitted to inspect the report under section 44 of the Act and it may be permitted to take the extract of the said report, if it so chooses. It may be stated that against the said order dated 22. 5. 01 of the learned single Judge no appeal is preferred by the Market committee and the market committee accepted the order and not only that but the inspection of the report was permitted by the State Government and the Market committee was also permitted to take the relevant extract of the said report. 2. 3 In reply to the show cause notice, the Market C
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