Dadabhai @ Daudbhai Hushenbhai ... vs District Collector & 5

DADABHAI @ DAUDBHAI HUSHENBHAI SHAIKH....Petitioner(s) Versus DISTRICT COLLECTOR & 5....Respondent(s) ============================================= Appearance:

MR NIRAV C SANGHAVI, ADVOCATE for the Petitioner(s) No. 1 V P SHUKLA, ADVOCATE for the Petitioner(s) No. 1 MR VR JANI, AGP for the Respondent(s) No. 5 ============================================= CORAM: HONOURABLE MR.JUSTICE A.J.DESAI Date : 02/05/2016 ORAL ORDER

1. By way of the present petition filed under Articles 14, 19, 226 and 227 of the Constitution of India, the petitioner has prayed as under:

"[B] That the Hon'ble Court may be pleased to issue appropriate writ order or direction to direct the respondent No. 6 to initiate the proceedings under Section 7 of the Act against the Sarpanch of the Panchyat for misconduct committed by him, in the interest of justice.

[C] That the Hon'ble Court may be pleased to issue appropriate writ order or direction to direct the respondent No. 5 to consider and decide the representation made on 01.09.2015 by the present petitioner, in the interest of justice.

[D] Pending the admission, hearing and final disposal of the present petition, the Hon'ble Court may be pleased to direct the respondent No. 6 to restrain the respondent No. 4 for performing the his duty as Sarpanch in the interest of justice."

2. Learned advocate for the petitioner would submit that the petitioner shall make representation to Respondent No. 6 with regard to alleged misconduct committed by Respondent No. 4, which was already made by way of filing a representation dated 01.09.2015 to the District Collector. Hence, the following order would meet the end of justice:

[i] The petitioner shall make a fresh representation to the respondent No. 6 ­ District Development Officer, Gir ­ Somnath within a period of two weeks. The respondent No. 6 shall decide the same within a period of six weeks, in accordance with law.

3. With the above direction, the present petition is disposed of.

Direct service is permitted.

(A.J.DESAI, J.) *Kazi...

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