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SANGEETA K. VISHEN
DHARMISHTABEN MUKUNDBHAI PATEL – Appellant
Versus
JAISHRIBEN NITESHBHAI PATEL – Respondent
| Table of Content |
|---|
| 1. petitioner's duty to manage tree felling responsibly. (Para 1 , 2) |
| 2. arguments regarding petitioner's alleged negligence. (Para 3) |
| 3. respondent's claims of petitioner's misconduct. (Para 4 , 5 , 6) |
| 4. court's analysis on adequate evidence and responsibility. (Para 8 , 9 , 10 , 11) |
| 5. court's ruling on authority and jurisdiction related to tree felling. (Para 12 , 13 , 14 , 15 , 16) |
| 6. final ruling on petition allowance and order restoration. (Para 17 , 18) |
JUDGMENT :
SANGEETA K. VISHEN, J.
1. By this petition, the petitioner has prayed for quashing and setting aside the judgment and order dated 26.04.2011 passed by the Deputy Secretary, Forest & Environment Department, Gandhinagar as well the order dated 12.08.2009 passed by the Mamlatdar, Petlad whereby, the Mamlatdar, concluded that the petitioner has failed in performing her duties and directed Taluka Development Officer to move proposal for initiating the proceedings against the petitioner under the provisions of the Gujarat Pachayats Act, 1993 (hereinafter referred to as the ‘Act of 1993’).
2. Tersely stated are the facts:
Supervisory negligence does not constitute misconduct under the Gujarat Panchayats Act, and punitive decisions must be supported by clear evidence of involvement in wrongdoing.
Petition under Article 226 of the Constitution is different from a petition under Article 227 - Mode of exercise of power by the High Court under these two articles is also different.
Point of Law : High Court in exercise of certiorari or supervisory jurisdiction will not covert itself into a Court of Appeal and indulge in re-appreciation or evaluation of evidence or correct error....
The Mamlatdar has the power to issue permanent injunction under section 5(2) of the Mamlatdar Courts Act to prevent future obstructions.
The judgment established the mandatory nature of the provisions under Section 19(2) and (3) of the Mamlatdars’ Courts Act, emphasizing the statutory obligations of the Mamlatdar to follow the prescri....
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