An oral order granting the petitioner permission to withdraw his special civil application seeking writ relief against his removal as Sarpanch, after directing the respondent authority to expedite pending appeal hearing.
Permission to withdraw the special civil application; directions to the respondent to expedite appeal hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/SCA/5511/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5511 of 2021
========================================================== KARSHANBHAI BHANABHAI BHALIA
Versus STATE OF GUJARAT
==========================================================
Appearance:
MR PJ KANABAR(1416) for the Petitioner(s) No. 1 for the Respondent(s) No. 1,2
==========================================================
CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 25/03/2021
ORAL ORDER
“A. YOUR LORDSHIPS may be pleased to admit this Special Civil Application;
B. YOUR LORDSHIPS may further be pleased to issue a writ or certiorari or any other appropriate writ, Order or direction in the nature of certiorari quashing and setting aside the order No.jipan./pancha/u-2/Girgadhda/13/20201, dated:22/01/21 passed by respondent no.2 of removal of the petitioner as the Sarpanch of Gir-Gadhda Gram Panchayat being ex-facie illegal, mamalfide, arbitrary, violative of principles of natural justice, perverse, unjust and unreasonable; and / or;
C. Your Lordships may be pleased to issue a writ of mandamus or any other appropriate order or direction directing the respondent no.1 to take up the appeal preferred by the petitioner against the removal order dated: 22/01/'21 passed
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C/SCA/5511/2021 ORDER
by respondent no.2 and decide the same within the time stipulated by this Hon'ble Court in the facts and the circumstances of the case and in the interest of justice;
D. Pending the admission, hearing and final disposal of this petition, YOUR LORDSHIPS may be pleased to stay the execution, operation and implementation of the order dated:22/01/'21 bearing No.jipan./ pancha / u – 2 / Girgadhda / 13 / 20201, dated:22/01/21 passed by respondent no.2 of removal of the petitioner as the Sarpanch of Gir-Gadhda Gram Panchayat to meet with the ends of the justice;
E. Any other and further relief as thought fit may kindly be granted.”
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8.1 Respondent No.1 - Additional Development Commissioner, Gujarat State at District: Gandhinagar is directed to hear the appeal preferred by the petitioner by tomorrow i.e. on 26.03.2021 at 2:30 p.m., without fail;
8.2 Learned Assistant Government Pleader Ms.Bhatt, on instructions from Ms.Neha Patel, Deputy Chitins of Respondent No.1, has also confirmed that Respondent No.1 will hear the petitioner tomorrow i.e. 26.03.2021 at 2:30 p.m.;
8.3 On the request of learned Assistant Government Pleader that while hearing the petitioner, Respondent No.2 – District Development Officer may also be heard, Respondent No.1 is directed to hear the Respondent No.2 – District Development Officer, Gir-Somnath also through video conferencing by tomorrow i.e. on 26.03.2021 at 2:30 p.m.;
8.4 Office of the learned Government Pleader to intimate about this order being passed to the Respondent Nos.1 and 2 before 6:30 p.m. today and in any circumstance the petitioner must be heard tomorrow i.e. 26.03.2021 at 2:30 p.m.;
8.5 Learned Assistant Government Pleader is directed to communicate about this order to both the respondents and to see that Respondent No.2 is remained present before the Respondent No.1 and participate in the hearing in its true spirit; and in any
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case, hearing of the appeal may not be affected on the ground that Respondent No.2 was not intimated about directions issued by this order;
8.6 Respondent No.1 is directed to pass reasoned order on or before 30.03.2021 so as to ensure that the appeal preferred by the petitioner may not become infructuous for want of hearing; and as and when the reasoned order is passed by Respondent No.1, the same shall be communicated to the petitioner before 4:00 p.m. on 30.03.2021, through E-mail mode also over and above service of the said order through Registered Post A.D. in due course
8.7 Learned advocate Mr.Kanabar to provide E-mail address of the petitioner so as to enable the authorities concerned to intimate about the order on 30.03.2021.
Direct service permitted.
(NIRZAR S. DESAI,J)
MISHRA AMIT V.
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KARSHANBHAI BHANABHAI BHALIA
STATE OF GUJARAT
NIRZAR S. DESAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
