By way of the present petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs:
"(A) YOUR LORDSHIPS be pleased to issue a writ of mandamus, or any other appropriate writ, order or direction and be pleased to quash and set aside the auction proceeding of 144 plots of Survey No.352 paiki admeasuring 8 Acres of Hansalpur Village, Taluka Himmatnagar, District-Sabarkantha and be pleased to give appropriate direction to the concerned authorities to hold fresh public auction to give the opportunity to all the persons of village to participate in the auction;
(B) YOUR LORDSHIPS be pleased to issue a writ of mandamus, or any other appropriate writ, order or direction and be pleased to issue appropriate directions to take appropriate action against the concerned office bearers and members of the Hansalpur Gram Panchayat and also concerned office of Taluka Panchayat, who are responsible to prepare the false and fictitious record of public auction;
(C) YOUR LORDSHIPS be pleased to issue a writ of mandamus, or any other appropriate writ, order or direction and be pleased to direct the District Development Officer to take appropriate action under the provisions of the Gujarat Panchayat Act against the concerned office bearers and members of the Hansalpur Gram Panchayat for misusing their position by preparing a false and fake record of public auction;
(D) YOUR LORDSHIPS be pleased to direct the respondent authorities not to take further steps in pursuance of the public auction of the plots in Survey No.352 paiki of Hansalpur Village, Taluka Himmatnagar, pending the admission, hearing and final disposal of this petition;
(E) YOUR LORDSHIPS be pleased to direct the District Development Officer, Sabarkantha to inquire into the manner and method of so-called public auction of the plots out of Survey No.352 paiki of Hansalpur Village, Taluka Himmatnagar, District-Sabarkantha and submit the report before this Hon'ble Court, pending the admission, hearing and final disposal of this petition;
(F) YOUR LORDSHIPS be pleased to grant such other and further order as the nature and circumstances of the case may be required;
On issuance of notice Mr.Siraj Gori, learned advocate appears for respondent No.1, Mr.Manish J. Patel, learned advocate appears for respondent Nos.4 and 5 and Ms.Asmita Patel, learned Assistant Government Pleader appears for respondent Nos.6 and 7 and Mr.Y.V.Vaghela, learned advocate appears for respondent No.8. Though served none appears for the rest of the respondents.
In view of the affidavit-in-reply and as per the statement made by Mr.Japee, learned advocate for the petitioners, the authorities have cancelled the auction and have initiated some action. In view of the above development, the present petition does not survive. Learned advocate for the petitioners does not invite any reasons for passing this order.
Hence, the petition stands disposed of. NOTICE discharged. There shall be no order as to costs.
It is however made clear that this Court has not opined anything on merits of the case and the petition is being disposed of only on the statement made by the learned advocate for the petitioners that the auction is cancelled and actions are initiated.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Top