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2020 Supreme(Guj) 909

BIREN VAISHNAV
Mukeshbhai Aatmaram Patel – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR NIMESH M PATEL, RAJVI N. PATEL, adv.
For the Respondent: MR ISHAN JOSHI, MS SEJAL K MANDAVIA, NEHA M. KAYASTHA, Adv.

JUDGMENT :

1. Heard Mr. Vikas Nair, learned advocate for Mr. Nimesh Patel, learned advocate for the petitioner, Mr Ishan Joshi, learned AGP for respondents no. 1, 2 and 4, Ms. Sejal Mandavia, learned advocate for the respondent no. 3 and Ms. Neha M. Kayastha, learned advocate for the respondent no. 5.

2. In this petition, filed under Article 226 of the Constitution of India, the petitioner has challenged the order dated 03.03.2020 passed by the respondent no. 2 – Development Commissioner, Gandhinagar, confirming the order dated 26.08.2019 passed by the District Development Officer, Mehsana by which the petitioner has been removed from the office of the Sarpanch of the Langhnaj Gram Panchayat under the provisions of Section 57(1) of the Gujarat Panchayats Act, 1993.

3. Facts in brief are that the petitioner was elected as Sarpanch of the Langhnaj Gram Panchayat in 2016. It is his case that certain development works were being carried out on gauchar land bearing survey nos. 2525 and 283 for the purposes of development of a lake. Since there were trees on the land, on 26.02.2018, permission from the Mamlatdar, Mehsana – respondent no. 4 was obtained to cut down 469 trees on the property.

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