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2016 DIGILAW 253 (GUJ)

Shardaben Ashwinbhai Patel v. Principal Secretary to the Government of Gujarat

2016-02-04

JAYANT PATEL, VIPUL M.PANCHOLI

body2016
ORDER : 1. The petitioner, claiming to espouse the public cause, has approached to this Court for taking appropriate action against respondent No. 5, who is Surpanch of the Gram Panchayat on the ground that one well which was in existence, is demolished and the area is cleared. 2. Upon hearing Ms. Prajapati for the petitioner, it appears that even as per the petitioner the Gram Panchayat has unanimously passed the resolution for demolition of the well. It further appears that as per the Gram Panchayat the well was creating nuisance and health hazard and therefore the decision was taken. If the petitioner has any grievance against the said decision of the Gram Panchayat, the petitioner has the remedy under Section 249 of the Gujarat Panchayat Act of approaching before the Collector. 3. When there is express statutory remedy available and it is a matter of one individual instance, we do not find that it is a fit case where petitioner should be permitted to invoke PIL jurisdiction. However, the petitioner may resort to the statutory remedy available in law. Hence, subject to the aforesaid observation, the petition is not entertained and disposed of accordingly.