D. S. SINHA, J. ( 1 ) ). HEARD Mr. Rajesh C. Kakkad, the learned counsel appearing for the appellant, at length and in great detail. ( 2 ) ). INSTANT Letters Patent Appeal is directed against the order dated 17th June, 2002, passed by the learned Single Judge of this Court in Special Civil Application No. 5509 of 2002, whereby the orders dated 2nd November, 2001 and 30th March, 2002, passed by the Collector, Jamnagar, allotting the land to Indian Oil Corporation for construction of Petrol Pump on Gauchar land to the legal heirs of the martyr of Kargil War, have been upheld. ( 3 ) IN the forefront, submission on behalf of the appellant, is that the impugned orders are bad inasmuch as the villagers of the concerned village were not given any opportunity of hearing, which was in violation of the principles of natural justice. To buttress the submission reliance is placed on the decision of a learned Single Judge of this Court in the case of Pachhat Varga Shramjivi Samudaik Sahakari Khedut Co-operative Society Limited and Ors. vs. Haribhai Mevabhai and Ors. , reported in 1994 (2) Gujarat Current Decisions at Page 254. ( 4 ) ). ATTENTION of the Court is drawn to a Circular dated 19/09/1990 a copy whereof is to be found as Annexure-N to the writ petition. On the strength of this Circular, it is submitted that the nature of the land in question is Gauchar, and as such it could not be allotted to the Indian Oil Corporation for the purpose of construction of petrol pump. ( 5 ) ). IT is relevant to notice that Gram Panchayat in question had been superseded by the Government, in exercise of its powers under Section 253 of the Gujarat Panchayats Act, 1993 (hereinafter called `the Act), and it was under supersession during the relevant period. Clause (b) of sub-section 4 of Section 253 of the Act provides that all property vested in the Panchayat shall, during the period of dissolution or supersession, as the case may be, vest in the State Government. In the instant case, the Gram Panchayat being superseded, the properties vested in the Panchayat, including the land in question, had vested in the State Government, and remained so vested during the period of supersession.
In the instant case, the Gram Panchayat being superseded, the properties vested in the Panchayat, including the land in question, had vested in the State Government, and remained so vested during the period of supersession. That being so, neither Gram Panchayat nor the villagers had any legally cognizable and judicially enforceable right or interest in the land vested in the Gram Panchayat, and could not claim any right of opportunity of hearing. ( 6 ) ). THE decision of a learned Single Judge of this Court, rendered in Pachhat Varga Shramjivi Samudaik Sahakari Khedut Co-operative Society Limited and Ors. vs. Haribhai Mevabhai and Ors. , reported in 1994 (2) Gujarat Current Decisions at Page 254, reliance whereupon was placed before the learned Single Judge, and is being placed before this Court, has no application inasmuch as in that case the Gram Panchayat was not under supersession and the provisions of Clause (b) of Sub-section (4) of Section 253 of the Act were not attracted. ( 7 ) ). THE Circular relied upon by the appellant has also no application, and lends no support to the case of the appellant. It nowhere provides that if land vested in the Government is allotted by it, the villagers of Gram Panchayat shall have an opportunity of being heard before allotment order is passed. ( 8 ) ). ALL told, instant appeal lacks merit, the impugned order of the learned Single Judge is perfect, and does not warrant any interference. ( 9 ) ). ACCORDINGLY, the Appeal is dismissed. No orders on Civil Application. .