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2021 DIGILAW 925 (GUJ)

LALITABEN CHHAGANBHAI PATEL v. STATE OF GUJARAT

2021-10-08

ASHUTOSH J.SHASTRI

body2021
ORDER : 1. By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for following reliefs : - 7.A. That this Hon’ble Court may be pleased to admit this petition. B. That this Hon’ble Court may be pleased to quash and set aside the proposed action of Urban Development and Urban Housing Department/respondent no. 1 of dissolving the Antaliya Gram Panchayat merging the area of Antaliya Gram Panchayat with the Billimora Municipality by issuing appropriate writ, order and direction as this Hon’ble Court may be pleased to consider just, fit and proper in the interest of justice. C. That this Hon’ble Court may be pleased to direct the Urban Development and Urban Housing Department/respondent no. 1 to take into consideration the decision of the High Powered Committee that was constituted by the State Government vide resolution dated 05.02.2006 and the decision taken by the High Powered Committee dated 31.08.2007 that as and when such exigency of merging the area of the Antaliya Gram Panchayat into that of the Billimora Municipality would arise, then the High Powered Committee would take into consideration the objections raised by the petitioner Gram Panchayat and also bring those objections to the notice of the State Government through the Urban Development and Urban Housing Department/Respondent No. 1. D. Pending admission and/or final disposal of the present petition, this Hon’ble Court be pleased to restrain the Urban Development and Urban Housing Department/respondent No. 1 from dissolving the Gram Panchayat Antaliya and merging it into the territorial limits of Billimora Municipality. E. That this Hon’ble Court may be pleased to grant such other and further relief as may be deemed fit and proper in the facts and circumstances of the case. F. That this Hon’ble Court be pleased to award cost of the petition from the respondents.” 2. At the time when the hearing is taken place, the only submission which has been made by the learned advocate Mr. Bharda for the petitioners is that while taking decision, atleast the objections which have been placed and raised by the petitioners may be considered by the competent authority, rest of the things will have to be taken care by the appropriate authority designated by the State Government. At this stage, the learned AGP Mr. Bharda for the petitioners is that while taking decision, atleast the objections which have been placed and raised by the petitioners may be considered by the competent authority, rest of the things will have to be taken care by the appropriate authority designated by the State Government. At this stage, the learned AGP Mr. Mehta appearing on behalf of the State authority has produced on record a communication dated 07.10.2021 written by Deputy Secretary, Urban Development and Urban Housing Department, written to the office of the Government Pleader and indicated the decision which has been taken of considering the representation dated 26.07.2007. The said communication is taken on record. 3. In that view of the matter, no further orders are required to be passed in the present proceedings. Accordingly, the present petition stands disposed of.