MEENABEN SOMABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, petitioner herein has prayed for appropriate writ, direction or order quashing and setting aside the impugned order dated 06.04.2010 passed by the respondent No.2 thereby cancelling the allotment of plot No.42 at survey No.305 situated at Gandhigram, Junagadh in favour of the petitioner.

(2.) It is the case on behalf of the petitioner that impugned order / communication is contrary to the order passed by this Court dated 07.07.2008 passed in Special Civil Application No.5044/2008 and in breach of principles of natural justice. It is submitted that by the aforesaid order, the learned Single Judge directed the respondent Municipality to reconsider the case of the petitioner and to allot the plot in question giving similar treatment which has been given to other persons.

(3.) Having heard the learned advocate appearing on behalf of respective parties, it is not in dispute that the learned Single Judge allowed the Special Civil Application No.5044/2008 vide order dated 07.07.2008 on the ground that the earlier order of cancellation of allotment was in breach of principles of natural justice. While passing the aforesaid order, the learned Single Judge also recorded the submission on behalf of the petitioner that petitioner may be given similar treatment which has been given to other persons. However, it appears that it was not brought to the notice of the learned Single Judge that as such the resolution under which the petitioner was allotted the plot in question, was already permanently suspended by the Collector in the year 1994/1995 in exercise of powers under Section 258 of the Gujarat Municipalities Act. The fact remains that the resolution No.196 dated 03.06.1993 under which the petitioner was allotted the plot in question has been permanently suspended by the Collector, Junagadh vide order dated 13.07.1995 in MUN Case No.4/1994 in exercise of powers under Section 258 of the Gujarat Municipalities Act and the said order has become final and/or the said order has attain finality. It is also not in dispute that so far as other persons with whom the petitioner is claiming parity are concerned, the resolution passed by the Nagarpalika to allot plots in their favour has not been set aside by the Collector. Under the circumstances, the case of other persons cannot be compared with the petitioner. Considering the aforesaid facts and circumstances, more particularly, when the resolution under which the petitioner was allotted the plot in question was already suspended permanently by the Collector vide order dated 13.07.1995 in exercise of powers under Section 258 of the Gujarat Municipalities Act, no relief can be granted to the petitioner directing the Corporation to allot the plot in question to the petitioner as the same would be contrary to the order passed by the Collector, Junagadh under Section 258 of the Gujarat Municipalities Act.