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2002 Supreme(Guj) 531

J.N.PATEL
CHILODA GRAM PANCHAYAT – Appellant
Versus
SECRETARY – Respondent


Advocates Appeared: P.J.VYAS, PRITI S.PARMAR, S.V.PARMAR, SASI V.PARIKH

JAYANT PATEL, J.

( 1 ) THE short question involved in this petition is whether an Appellate Committee of a District Panchayat can pass an order counter to the order passed by the Development Commissioner on the same subject matter.

( 2 ) THE short facts of the case are that on 28-12-1992, the Gram Panchayat Chiloda, petitioner herein, passed resolutions No. 3, 4, and 5. So far as resolution No. 5 is concerned, Appeal No. 4/1993 was preferred before the Appellate Committee of the District Panchayat. The appeal was entertained by the Appellate Committee and on 25-6-1993, the Appellate Committee had passed the order, whereby the stay order granted against resoltuions No. 3, 4, and 5 was vacated. It may be noted that prior to the order dated 25-6-1993, order dated 28-5-1993 was passed by the Appellate Committee of the Distrit Panchayat, whereby the stay was vacated in Appeal No. 4/1993. It is the case of the petitioner panchayat that against the order dated 25-6-1993 of the Appellate Committee of the District Panchayat, Revision Application No. 74/1993 was preferred before the Additional Development Commissioner and the said revision was entertained by the Additional Development Commiss









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