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SANDEEP N. BHATT
Pragneshkumar Jayantibhai Patel – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. Challenge in this petition is made by the petitioners to the impugned show-cause notice dated 03.10.2022 issued under Section 263(1) of the Gujarat Municipalities Act, 1963 by respondent no.2 – the Deputy Secretary, Urban Development and Urban Housing Department, Gandhinagar.
2. Heard learned advocates for the respective parties.
3. At the outset, Ms.Shah, learned Government Pleader with Ms. Pathak, learned AGP for the State has raised objection that the present petition is not maintainable under Article 226 of the Constitution of India, as apparently the respondent authority by exercising its jurisdiction vested with its has issued the impugned show-cause noticed dated 03.10.2022 under Section 263(1) of the Act and has given necessary reasons along with show-cause notice and ask the President/Vice-President of the Board Nagarpalika to explain the same on or before 10.10.2022 and since neither they have not responded to the impugned showcause notice by filing any reply, nor the Municipality has passed appropriate resolution to that effect and filed any reply nor any elected members has filed reply, the present petition is not maintainable as it is filed against the show-cau
The court emphasized the importance of detailed reasons in a show-cause notice and upheld the jurisdiction of the authorities to exercise powers under the Act.
Point of law: The Court is also mindful that there is no specific embargo on exercise of jurisdiction under Article 226 of the Constitution of India even at notice stage, but in the circumstances of ....
The court affirmed that Section 263 of the Gujarat Municipalities Act, allowing dissolution of municipalities under specific conditions, is constitutional and compliant with Article 243U of the Const....
Point of law: It is thus well settled that writ petition should normally not be entertained against mere issuance of show cause notice. In the present case no show cause notice was even issued when t....
A show-cause notice issued with premeditation, indicating the Authority's decision, fails to comply with the principles of natural justice.
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