Bela M. Trivedi, J. - (1.) The present petition has been filed by the petitioner-Patan Municipality challenging the order dated 30.05.2001 (Annexure-A) passed by Respondent No.2 Collector, Patan as also letter/order dated 21.03.2001 of the Respondent No.1 State Government, pursuant to which the Collector had passed the said order dated 30.05.2001. The petitioner had amended the prayer clause as per the Court's order dated 18.11.2010, whereby the petitioner has also challenged the impugned decision dated 07.08.2000 as well as 08.01.2001 (Annexure-I) passed by the State Government.
(2.) After hearing learned Counsel for the parties, it appears that earlier one Mr. K.C. Patel, President of Patan Municipality had filed Special Civil Application No.5503 of 1997 in the nature of public interest litigation challenging the order dated 16.07.1997 passed by the Collector, Mehsana assigning the land bearing Survey No.2249 admeasuring 302.04 sq. mtrs. situated in Patan City to one Naranbhai Mohanbhai Patel-Respondent No.4 herein, and who was the Respondent No.3 in the earlier petition.
(3.) The main contention raised in the said petition was, whether the land bearing Survey No.2249 was the Government land or had vested in the Patan Municipality. The Division Bench after considering the contentions raised by the respective parties had disposed of the said petition by passing the following order on 20.01.1998, "9. Reference was made to the decision of the Apex Court in Shri Sachidanand Pandey and another v. The State of West Bengal and others, AIR 1987 SC 1109 to advance an argument that when all the materials are considered by the Government, this Court is to interfere unless and until malafides is established. In this case the Government did consider any of the issues raised by parties. Collector on a wrong understanding of facts passed orders assigning land to third respondent. So we hold that the order passed by the Collector cannot stand and order that the whole matter must be considered by the Government afresh in the light of the observations made here-in-above in this judgment. While considering the claims put forth by the third respondent the contentions raised by Municipality should be considered in all its aspects, in compliance with the principles of natural justice. 10. In view of what is stated above, we allow this petition, quash and set aside the order at Annexure-A and remit the entire issue to the Government for consideration of the issue relating to assignment of land comprised in S.No.2249 of Patan City in accordance with law.";