(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA) The appellant Bet Dwarka Gram Panchayat preferred the writ petition against the notification dated 31st December 2009 issued by the Urban Development and Urban Housing Department of the State, whereby and whereunder in exercise of the powers conferred by Clause (2) of Article 243Q of the Constitution of India, the area of the Gram Panchayat having merged with Okha Municipality.
Learned Single Judge dismissed the writ petition on the ground that the Gram Panchayat had no locus standi to challenge the said notification.
But having heard learned counsel for the parties, we are of the view that the effect of the impugned notification dated 31st December 2009 being dissolution of the Gram Panchayat, said Gram Panchayat had locus to challenge the notification. Learned Single Judge having failed the notice aforesaid fact, we set aside the order dated 10th March 2010 passed in Special Civil Application No.361 of 2010 and remit the case to the learned Single Judge for decision afresh on merits after notice to the parties. Let Special Civil Application No.361 of 2010 be listed on 16th June 2010 before the appropriate Bench.
Both the Letters Patent Appeal and Civil Application are allowed in terms of aforesaid observations.
(S.
J. MUKHOPADHAYA, C.J. ) ( AKIL KURESHI, J. ) kailash Top